Madurai: Directing the police not to harass the petitioner because he was alleged to have been involved in a murder case, the Madurai Bench of Madras high court observed that eyeing and spying on a citizen without authority of law is totally against one’s human rights, which are enshrined in Article 21 of the Indian constitution.
“The few lines in the said Article 21 are golden glittering words proclaiming that no one shall be deprived of his life or liberty, except by procedure established by law. The word ‘life ‘ and ‘liberty’ may be simple English words, but they have got meaning. Practically, the human right jurisprudence in India has developed and is being developing out of these two living words,” observed Justice P Devadass while disposing of the criminal petition.
The petitioner Kannan from Virudhunagar district, who was charged in a murder case, told the bench that when the murder case trial is pending before the Sessions Court, the inspector of police, Krishnan Kovil police station had been harassing him by directing him to frequently visit the police station and show is face.
“In this case, the police say that they didn’t harass him. It is quite easy for them to say so. The petitioner has given details in his petition and invoked the inherent jurisdiction of this court seeking protection,” said the court.
Quoting apex court judgements which have made it clear that an accused is not less of a human being, Justice Devadass said that they are observed much more in breach than observance. “The law in book is different from law in action more particularly, in the criminal legal system,” said the court.
“Petitioner is a human being. He has got all the rights available to him under Article 21 of the Constitution of India. They are fundamental rights and they are basic civil rights,” said the judge. The court directed the police not to harass the petitioner.
