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Cops can’t impose unreasonable conditions: Hyderabad High Court

Chief Justice asks AP counsel whether any rule that allows cops to impose curbs

Hyderabad: Questioning the reason behind imposing restriction on people, Hyderabad High Court Chief Justice Kalyan Jyoti Sengupta asked whether “We are in an emergency state and who passed the orders when the Constitution has guaranteed liberty to people to move freely.”

The counsel representing the AP government submitted that as a new capital is being developed in Vijayawada, such restrictions were imposed in the city as part of security measures.
Justice Sengupta asked counsel whether there is any rule that allows the police to impose such a condition where a new capital is likely to be set up.

The High Court bench said that the police cannot impose unreasonable conditions for security purposes and they have only power to impose restrictions in accordance with the Criminal Procedure Code.

Maintaining that putting unreasonable restrictions are not proper and unmindful, the bench stayed the action of the city police and directed the respondents to file their counter affidavits within three weeks.

The petitioner told the court that the Vijayawada city police commissioner and his staff had imposed several unreasonable conditions and restrictions in the guise of carrying out special drives on residents of the city and also outsiders, workers and all other blue collar workers making it mandatory to carry identity cards for moving around at night.

He said that the police were detaining people not having IDs with them at night in Suryaraopet police station.

He contended that the action of the police is nothing but flagrant violation of Article 14, 15, 19(1) (d) (e) (g) 21 and 22 of the Constitution.

( Source : dc correspondent )
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