HindustanTimes Thu,18 Dec 2014

HC dismisses plea seeking omnibus order to stop summoning by police

HT Correspondent, Hindustan Times  Chandigarh, August 17, 2014
First Published: 00:20 IST(17/8/2014) | Last Updated: 07:40 IST(17/8/2014)

An unusual writ petition seeking directions to the Haryana Police not to call the petitioners to the police station so as to humiliate them has failed to find favour with the Punjab and Haryana high court.

Taking the plea not in good taste, justice K Kannan remarked, "The petitioners cannot seek omnibus order that the police shall not harass the petitioners or humiliate them merely because in the petitioners' own perception the action by the police to investigate some complaint causes humiliation and harassment."

The court said police's function is not to humiliate people and thus the better sense is not to feel humiliated or harassed if the police call.

Justice Kannan added, "The days of a foreign ruler have gone but the public perception of how the police behave rudely as though we are still in foreign rule is unfortunate."

Declining to pass the order "in the manner that the petitioner requires", the court said if there is no "precipitate action" of lodging an FIR or causing an arrest, which according to the petitioner cannot be under any justifiable circumstance, the petitioner will have remedy elsewhere and not to approach the court seeking such a relief.

"I decline to invoke the extraordinary jurisdiction under Article 226 of the Constitution to pass an order in the manner that the petitioner requires," expressed justice Kannan.

The order came on a petition filed by Haryana resident Ananthraj Bhat in a case being investigated by the state police.
On this, the petitioner's counsel requested to withdraw the petition claiming that he would pursue alternative remedy elsewhere. The court permitted the petitioner's counsel to withdraw the plea.

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