Judge Jagadish Chandra, who heard the petition, said the police had been given unlimited powers to investigate crimes and advised them to use that power within the framework of the criminal justice system.
The judge pointed out that under the Criminal Procedure Code, although a magistrate is the guardian of police investigations, he does not have the authority to interfere in the investigation, so a large number of petitions are filed in the High Court alleging police harassment in the name of investigation.
The judge also directed the police to strictly follow the guidelines issued by the Supreme Court when summoning someone for trial, saying that the High Court, while not usually interfering in investigations, would not be blindsided if the harassment was brought to the attention of the court.
Further, when summoning a person for a hearing on a complaint, the judge insisted that the summons be sent in writing stating the name of the complainant, the proof of receipt of the complaint, on what date and at what time, and that the details of the investigation should be recorded in the register at the police station and the police should avoid harassing the appellant for the hearing. The judge ordered the department.
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Tamil Nadu DGP Silenthra Babu had recently issued a verbal order to all District Superintendents of Police not to interrogate detainees at night in police stations. It is noteworthy that in this case the High Court has thus issued an instruction.