Court fines police Rs 10,000 for illegal entry into woman's bedroom
The Bombay High Court has held that the forced entry of police into a woman’s bedroom and the seizure of her mobile phone without following
The Bombay High Court has held that the forced entry of police into a woman’s bedroom and the seizure of her mobile phone without following legal procedure amounted to an invasion of her privacy and dignity. The court directed the Maharashtra government to pay Rs 10,000 as compensation to the 26-year-old petitioner. A Nagpur bench of Justices Urmila Joshi Phalke and Nivedita Mehta said the right to privacy is an integral and inseparable facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution, and cannot be infringed. A copy of the order passed last week was made available on Monday. Read Full Story The bench said, “Entry into the residential premises of a citizen, more particularly into the bedroom occupied by a woman, without adherence to the statutory safeguards and forcible seizure of her mobile phone constitutes a serious invasion of privacy and dignity.” The court rejected the police claim that the search was conducted as part of the investigation into an offence, saying this could not justify ignoring mandatory safeguards laid down by the legislature.
It said the investigating agency is expected to act strictly within the bounds of law, and the object of investigation cannot legitimise an otherwise illegal search or seizure. The court concluded that the search carried out by the police official and the seizure of the petitioner’s mobile phone were illegal and violated her fundamental rights. It said she was therefore entitled to compensation. The bench also clarified that the state could recover the amount directly from the errant police officer responsible, and directed that the payment be made within two months. The petitioner, a resident of Saoner in Nagpur, told the court that police entered her house and bedroom illegally under the guise of investigating a case and seized her mobile phone without following the statutory procedure.
The police said they had gone to her house to question her in connection with a car accident. In her plea, the woman alleged that the police had harassed her and her husband by repeatedly visiting their residence for questioning without issuing any notice. She also said her mobile phone was seized and kept for two days without following the procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, and that neither she nor her husband had been named as accused in the case. The court said there had been clear non-compliance with the statutory requirements of law. It added that while monetary compensation could not fully redress the invasion of privacy and dignity suffered by the woman, it would offer some solace for the violation of her constitutional rights and serve as a reminder that investigative powers must be exercised strictly in accordance with law and not arbitrarily.
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