Chennai: Madras high court has issued guidelines governing inquiry of the accused and witnesses by police to prevent harassment of people in the guise of interrogation.“Police shall summon a person named in the complaint or a witness to the incident through a written summons under Section 179 of the BNSS, specifying a particular date and time for appearing before them. The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. The police officer shall refrain himself or herself from harassing persons called upon for investigation,” said Justice G K Ilanthiraiyan said, disposing of a petition by R Raja of T Nagar.The petitioner had alleged harassment by Mambalam police under the guise of an investigation and sought suitable directions to the police. The judge held that an enquiry into a non-cognisable offence or a cognisable offence is the unfettered powers of the investigation officers so long as the power to investigate these offences are legitimately exercised.“Though the BNSS empowers the magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging him to interfere with the actual investigation or the mode of investigation. Nevertheless, the court would also not turn a blind eye to instances of harassment by the police under the guise of investigation,” the order said.The judge disposed of the petition, stating that the guidelines stipulated for preliminary enquiry or registration of FIR by the Supreme Court in Lalita Kumari Vs Govt of Uttar Pradesh and others (2014) shall be strictly adhered to.
