Disposed

Aamer Abdul Rahman v. The State of Telangana

Telangana HC10 Jan 2024WP/904/2024

Case brief

AI extract

What is this about?

Petitioners alleged police were repeatedly summoning them without any registered case, contrary to Supreme Court guidelines. The State undertook to follow due process. The court disposed of the writ petition directing police to follow due process of law if petitioners' presence is required for investigation.

What did the court decide?

Respondent police directed to follow due process of law if presence of petitioners required for investigation; no order as to costs.

Aamer Abdul Rahman Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:904 OF 2024

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Between:

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Aamer Abdul Rahman, S/o Mohammed Zakir Akbar, Age. 25 years, Occ. Student No 1 1 -1 -120411 14, Jawharnagar, Afzalsagar, Hyderabad,'Telangana. 500001

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Amina Zakir, Wlo Mohammed Zakir Akbar, Age. 46 years, Occ. House wife. No 11-1 -'l2o4l114, Jawharnagar, Afzalsagar, Hyderabad, Telangana 50000 1

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...PETITIONERS

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AND

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fhe State of Te_langana, Rep by its Principal Secretary to Govemment, Home Department, TS Secretariat, Hyderabad.

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The lnspector of Police, P.S.Banjara Hills, Hyderabad. Telangana 500034.

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The Commissioner of Police, Hyderabad, Telangana State Police Command and Control Centre, Road No. 12, adj. Puri Jagannath Temple, Bhavani Nagar, Banjara Hills, Hyderabad, Telangana 500034.

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...RES'ONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus directing the RespondeRt Police to refrain from calling the petitioner to the police station without a valid reason or justification is as lllegal, arbitrary malafide and violation of principles of natural justice in accordance with the Supreme Court's guidelines established in D.K. Basu v. State of West Bengal (AlR 1995 SC 645), provide the petitioner with a written explanation for any future summons stating the specific purpose of his presence as stipulated in the Supreme Court's decision in Maneka Gandhi v. Union of lndia (AlR 1978 SC 597), refrain from any actions that violate the petitioner's fundamental right to personal liberty and his right to be treated with dignity and respect as enshrined in Article 21 of the Constitution of lndia.

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lA NO: 1 OF 2024

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Petition under Section 1 51 CPC praying that in the circumstadces stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an interim order directing the Respondent Police to refrain from harassing the petitioners, calling the petitioners without a valid reason or justification, or interfering in civil disputes. The Respondent Police are further directed to adhere to due process of law in all interactions with the petitioners.

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Counsel for the Petitioners: SRI MD FASIUDDIN CounseJforthe Respondents: AGP FOR HOME

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The Court made the following: ORDER

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I I

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THE HONOURABLE SRI JUSTICE C.V. BHASI(AR R.EDDY

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trIRIT PETITION No.904 OF 2o24

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ORDER:

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This writ petition is hled seeking following relief:

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" -. . .to issue o Wit of Mandamus directing the Respondent Police to refrain from calling the petitioner to tlrc poltce station uitlnut a wzlid reas6n or justifi.cation is as lllegal, orbitrary malaftde and uiolation of prtnciples of natural^justice in accordonce uith th.e Supreme Courts guid-elines established in D.K.Basu u. State of West Bengal (AIR 1995 SC 645), prouide the petitioner uith a witten explanation for any fuAre summons stating the speciftc purpose of hi.s presence as stipulated in tle Supreme Courts decision in Maneka Gandhi u. Union of India (AIR 1978 SC 597), refrain from ang actions that uiolate the petitioner's fundamental ight to personal libertg ond his right to be treated uith dignitg and. respect as er*hrined in Article 21 of tlrc Constitution of Indi.."

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The case of the petitioners is that without registering any case, the respondents-police are frequently summoning them to the police station on one pretext or the other and calling them from their mobile numbers i.e. 87L2667277, 87 126607 09, 87 126607 lO, 87 L266O7 07 and other landline numbers, which action on the part of the respondentspolice amounts to violation of the guidelines issued by the

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Hon'ble Supreme Court in ARNESH KUMAR V. STATE OF

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BIHART.

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The learned Assistalt Government Pleader for Home appearing for respondent Nos.l to 3 submits that the respondents-police will follow due process of law, if the presence of the petitioners is required for the purpose of investigation in arry case.

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In view of the above submissions, this Court, deems it appropriate to dispose of the writ petition directing the respondents-police to follow due process of law, if the presence of the petitioners is required for the purpose of investigation in any case.

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Accordingly, this writ petition 1S disposed of. No order as to costs

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Miscellaneous Petitions, if any, pending in this writ

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petition shall stand closed.

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2014(8) SCC 273

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SD/- G. SIREESHA //TRUE COPY// ASsrsrANr KBISrRAR A//

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SECTION OFFICER

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To 1 The PrincipalSecretary to Government, Home Department, TS Secretariat,

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Hyderabad, State of Telangana.

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The lnspector of Police, P.S.Banjara Hills,tlyderabad. Telangana 500034. 3. The commissioner of Porice, Hyderabad, Teiangana state pSriie co,n,nii.o and Control Centre, Road Nq. i?,gqi puri Jaga"nnath fempte,-ehiva"l^-- Nagar, Banjara Hills, Hyderabad, Tel-anqana 5-00034.

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4 ONC CC tO SRI MD FASIUDDIN. AdVOCitC IOPUCI

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5 Two CCs^{to GP FOR HOME, High Court for the State of Telangana'at} Hyderabad. [OUT] 6. Two CD^CoPles PSK. GJP

HIGH COURT

DATED:10101t2024

I I ORDER