Case Note & Summary
The petitioner, a senior journalist, challenged a notice dated 06-06-2024 issued by the Sub-Inspector of Police, Amruthalli Police Station, under Section 41(1)(a) of the Code of Criminal Procedure, 1973 (Cr.P.C.), calling upon him to appear before the police. The petitioner contended that the notice was arbitrary, without any reasonable suspicion or allegation of a cognizable offence, and was issued to harass him. The respondents argued that the notice was issued based on credible information. The court examined the notice and found that it did not disclose any reasonable suspicion or commission of a cognizable offence. The court held that the power under Section 41(1)(a) Cr.P.C. cannot be exercised arbitrarily and must be based on recorded reasons. The court quashed the notice and directed the respondents not to interfere with the petitioner's life and liberty except by due process of law.
Headnote
A) Criminal Procedure Code - Notice under Section 41(1)(a) - Reasonable Suspicion - The notice issued by the Sub-Inspector of Police under Section 41(1)(a) Cr.P.C. calling upon the petitioner to appear before him was quashed as it did not disclose any reasonable suspicion or commission of a cognizable offence. The court held that the power under Section 41(1)(a) cannot be exercised arbitrarily and must be based on recorded reasons. (Paras 1-10) B) Constitutional Law - Right to Life and Personal Liberty - Article 21 - The court reiterated that the right to life and personal liberty under Article 21 of the Constitution cannot be interfered with except by procedure established by law. The impugned notice was held to be a colourable exercise of power and an attempt to harass the petitioner. (Paras 8-10) C) Criminal Procedure Code - Section 482 - Inherent Powers - The court, exercising its inherent powers under Section 482 Cr.P.C. read with Articles 226 and 227 of the Constitution, quashed the notice and directed the respondents not to interfere with the petitioner's life and liberty except following due process of law. (Para 10)
Issue of Consideration
Whether a notice issued under Section 41(1)(a) Cr.P.C. calling upon a journalist to appear before the police is valid when no reasonable suspicion is recorded and no cognizable offence is alleged.
Final Decision
The writ petition is allowed. The impugned notice dated 06-06-2024 issued by the 4th respondent under Section 41(1)(a) Cr.P.C. is quashed. The respondents are directed not to interfere with the life and liberty of the petitioner except following due process of law.
Law Points
- Section 41(1)(a) Cr.P.C. requires reasonable suspicion before issuing notice to appear
- Police cannot issue notice without recording reasons
- Right to life and liberty under Article 21 cannot be curtailed without due process
