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This is an archive article published on March 11, 2016

Come up with norms to ensure cops don’t breach privacy: Bombay HC

The PIL alleged that the police wrongfully exercised its powers while intruding into the privacy of couples.

bombay high court, bombay HC, right to privacy, mumbai police norms, PIL against mumbai police, mumbai police cannot breach privacy, mumbai news The Bombay High Court

THE BOMBAY High Court Thursday asked the state to formulate guidelines regulating the powers exercised by police in situations where somebody’s right to privacy is under threat.

Justice Abhay Oka and Justice G S Kulkarni were hearing a public interest litigation (PIL) filed against police raids at hotels in suburban Malwani last year. The PIL alleged that the police wrongfully exercised its powers while intruding into the privacy
of couples.

When the matter came up for hearing, the petitioner’s counsel was absent, though the public prosecutor appeared on behalf of the state. Primarily, the court said, the state now had to come up with safeguards that would ensure such powers are not misused. Public Prosecutor Sandeep Shinde informed the court that the raids were conducted after residents of the area complained of “indecent activities”.

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“Any motivated complaint can have the police exercising its powers, which should not happen,” the court said suggesting that a high-ranking police officer could perhaps assess the veracity of such complaints, and also the manner in which personnel exercise their powers.

Shinde sought four weeks to formulate the guidelines, reasoning that instruction will have to be sought from the police commissioner. On August 6 last year, the police had conducted raids in hotels along the Malwani beach and booked couples on charges of indecency.

 

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