Plea In Telangana HC Challenges 'Excessive' Police Action In Hyderabad, Unauthorised Entry On Private Properties & Random Frisk Searches

A Public Interest Litigation (PIL) has been filed in the Telangana High Court challenging the excessive policing practices conducted by the Hyderabad City Police in various slums and localities specifically challenging the Cordon and Search operations, being implemented under various names such as "Mission Chabutra," "Operation Romeo," and "midnight counselling."

The petitioner social activist S.Q. Masood, who has a history of filing PILs on social issues, argues that these police operations infringe upon the fundamental rights of citizens, including their right to dignity, personal liberty, privacy, and human rights as guaranteed under Article 21 of the Constitution of India.

“Cordon searches have no place in urban civilian neighbourhoods, where police cannot presume everyone to be guilty. Yet, on 31st May, 2023, police personnel criminalised entire neighbourhoods by checking every household of entire neighbourhoods by violating the procedure prescribed under the CrPC and infringing the fundamental rights of the citizens as envisaged in Articles 14, 19(1)(d), 21 and 22 of the Constitution of India. Article 19(1)(d) protects rights of citizens to move freely throughout the territory of India with sub section 5 imposing reasonable restrictions either in the interest of the general public or for protection of interest of any scheduled tribe,” the plea states.

The PIL also highlights a government order (G.O.Ms. No. 15) issued by the Labour Employment Training and Factories Department on May 21, 2015. This order allows hotels, restaurants, and eateries in Telangana to operate until midnight (from 5:00 AM to 12:00 AM). Despite this, the petitioner alleges that police have been forcefully closing businesses between 10:30 PM and 11:00 PM without any formal order from the authorities.

“I submit that the police started forcefully closing shops, hotels, small businesses, and street vendors in certain areas between 10:30 to 11:00 PM without any formal order...the police officials are randomly doing frisk searches of people inside cafes and eateries, threatening people who are eating out, and therefore affecting the normal business. These searches are being carried out in private premises without warrants violating people's personal right to privacy and their dignity without reasonable cause and procedural safeguards and subsequently videos are being shared online on different social media platforms,” the plea adds.

Background:

The petitioner says that one such Cordon personally affected him on May 31, 2023, when the Hyderabad City Police carried out a Search operation in the petitioner's locality, Basharat Nagar, between 1:00 am and 4:00 am.

Allegedly, over 200 police personnel, led by the Deputy Commissioner of Police, South Zone, entered houses without warrants, and checked identification details, and vehicle documents, causing fear and distress among residents, especially women and children. It was further stated that this search neither uncloaked any major crime nor were any individuals booked for major offences.

The petitioner avers, that following this, he sent multiple representations to the Director General Of Police and Commissioner of Police questioning the legality of the searches.

On July 14, 2023, the petitioner states that a notice was sent to the Director General and Commissioner of Police regarding the illegal cordon and search operation conducted in the petitioner's area on May 31, 2023. Additionally, on March 8, 2024, the petitioner submitted a representation raising concerns about Operation Mission Chabutra and its impact on the community. Lastly, a complaint was also lodged on July 16, 2024, against the Inspector of Moghalpura Police Station for the illegal use of force during Mission Chabutra operations.

The petitioner also states that through an RTI application made in January 2000, the petitioner was informed that more than 5,000 police personnel were involved in conducting 41 cordon and search operations between 2014 and 2020. The petitioner argues that these searches were conducted without any substantial outcome and only served to terrorize innocent civilians.

In response to the legal notice sent by the petitioner, the Commissioner of Police, Hyderabad issued a reply on July 19, 2023. The reply detailed the procedure for conducting cordon searches, citing sections 94 and 100 of the Criminal Procedure Code (procedure for cordon search). The police maintained that searches are only authorized after thorough inquiry and with instructions to respect human rights. However, the petitioner contends that these procedural safeguards were not followed in practice.

Lastly, the petitioner also alleges that the excessive police patrolling is taking place only in select localities of Hyderabad. It alleges that the Police officials have stereotyped citizens and by doing so have selectively sabotaged livelihoods and employment opportunities. It is also reiterated that such policing creates a stigma in the minds of the people against these localities. The police action is criticised for being discriminatory, arbitrary, and lacking any valid reasoning.