Liberty | Don't Make Domiciliary Visits To Former TDP Minister Ch Ayyanna's House Without There Being Any Crime: Andhra Pradesh HC To Police

A single judge bench of Justice C Manavendranth Roy directed the Home department to submit full details pertaining to the issue and disposed of the case with a direction to the police – not to make any domiciliary visits to the house of the petitioner.

"However, as it is pleaded in the Writ Petition that as the petitioner made certain comments against the present government and the ruling party that he may be arrested by implicating him in a false case and that he would be arrested, considering the said apprehension of the petitioner, this Court is of the considered view that this Writ Petition can be disposed of with a direction to the respondent police officials not to make any such domiciliary visits to the house of the petitioner or interfere with his personal liberty without there being any crime or F.I.R. registered against him and without following the due process of law and this would suffice to protect the interests of the petitioner in view of the apprehension expressed by the petitioner in the facts and circumstances of the case."

The court was hearing a plea moved by TDP minister Ch Ayyanna Patrudu before the Court complaining that besides frequently visiting his house, police is also not following the due procedure and did not provide him FIR copies after registering cases against him in different police stations in the State.

The writ petition for a mandamus was filed to declare the action of respondents, who were the Director General of Police, Andhra Pradesh and Superintendents of Police of various districts in the State of Andhra Pradesh, were not providing copy of F.I.R. to the petitioner registered in their respective police stations, as illegal, unconstitutional and consequently, sought direction to the respondents to provide copy of F.I.R. to the petitioner and sought further direction to them not to interfere with the life and liberty of the petitioner without following the due process of law.

Facts of the case

The petitioner was the former Cabinet Minister of the State of Andhra Pradesh and member of Telugu Desam Regional Party in the State of Andhra Pradesh. It was submitted that he has been publicly raising his voice frequently against the policies of the Government of the ruling party and more particularly against the chief of the government and in order to suppress his voice that the Government has decided to damage his property and implicate him in false cases.

It was further informed that in the said process, a part of the structure of his house was demolished and he has challenged the action of the concerned officials in this regard by way of filing a separate Writ Petition.

It was further stated that "the authorities at helm of the affairs of the State is proposing to use the police power to harass the petitioner physically by implicating him in false cases and for the last one week that police from different areas and districts in the State of Andhra Pradesh have been coming to the house of the petitioner and enquiring about the petitioner from his family members continuously and that the police are watching the every movement of inmates of the house of the petitioner and thereby interfering with their personal liberty."

Stand of the government

After seeking instructions, the Government Pleaders for Home and the Standing Counsel for CID, on written instructions, submitted before the court that no crime or F.I.R. is registered against the petitioner in any of the Police Stations in all the 26 Districts in the State of Andhra Pradesh.

"They have also placed the written instructions, received by them from the Director General of Police (D.I.G.) of the State of Andhra Pradesh issued to that effect, on record, which is dated 30.06. 2022.. It is evident from the said written instructions which are placed on record also that no crime or F.I.R. is registered against the petitioner in any of the Police Stations in all the 26 Districts in the State of Andhra Pradesh," the court further noted

In a nutshell, the government pleader submitted that the allegation that the police are making domiciliary visits illegally to the house of the petitioner and making enquiries about his whereabouts and thereby interfering with the personal liberty of the petitioner and his family members is also absolutely false.

After hearing the submissions of the parties, the court disposed of the writ petition with a direction to the police officials.

"Therefore, the Writ Petition is disposed of with a direction to the respondent police officials not to make any domiciliary visits to the house of the petitioner without there being any crime or F.I.R. registered against him. If at all, any crime is registered against the petitioner in future, they shall follow the due process of law. It is brought to the notice of this Court by the learned Government Pleader-I for Home as well as learned counsel for the petitioner that eleven crimes are registered against the petitioner by the police earlier," the court held

Case No: CMR, J. W.P.No.18449 of 2022

Citation: 2022 LiveLaw (AP) 85

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