Advertisement

HindustanTimes Sat,20 Sep 2014

Bombay HC slams police for arresting person drinking tea 'suspiciously'

AFP  Mumbai, September 18, 2013
First Published: 16:19 IST(18/9/2013) | Last Updated: 16:24 IST(18/9/2013)

Bombay high court has reprimanded police for arresting a man they accused of drinking tea in a "suspicious" manner at one of the country's ubiquitous roadside stalls.

Advertisement

Vijay Patil was drinking tea in the western city of Kolhapur in February when he was arrested under Section 151 of the Code of Criminal Procedure, which allows an arrest to prevent someone imminently expected to commit a crime.

Police said there was no "satisfactory explanation" for the 49-year-old's tea-drinking behaviour and "found his conduct suspicious", according to the court order seen by AFP on Wednesday.

But Bombay High Court threw out the case earlier in September, describing the police motive as "bewildering".

"We were unaware that the law required anyone to give an explanation for having tea, whether in the morning, noon or night," said Judges GS Patel and SC Dharmadhikari in the order.

"One might take tea in a variety of ways, not all of them always elegant or delicate, some of them perhaps even noisy. But we know of no way to drink tea 'suspiciously'."

The judges heard that Patil had a large number of criminal cases against him, but they pointed out that he had no convictions - "though even that would not have been justification enough" for his arrest, they said.

Section 151 can only be invoked without an arrest warrant if the person is imminently likely to commit a crime that could not otherwise be prevented, otherwise the detention violates their rights, the judges added.

"The ingestion of a cup that cheers demands no explanation. And while cutting chai is permissible, now even fashionable, cutting corners with the law is not."


Advertisement
more from Mumbai

Dialysis solution infects 15 kidney patients in 3 months

More than a dozen kidney patients in Mumbai have reported severe infections and related complications, possibly from the use of contaminated dialysis solution made by a multinational drug firm.
Advertisement
Most Popular
Advertisement
Advertisement
Copyright © 2014 HT Media Limited. All Rights Reserved