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In a plea filed to seek directions on the Delhi Police to make enquiry for correct identification of private person, after both the parties indulged in a quarrel, the Delhi High Court observed that subjecting a citizen to police scrutiny including verification of personal documents for no good reason would entail a serious invasion of his right to privacy, reported LiveLaw.
The plea sought directions on the Delhi Police to make an enquiry in respect of Aadhaar Cards, Voter Cards, Driving License and Pan Cards existing in the name of various names allegedly being used by the respondent individual. According to the plea, the respondent was using different names in the Kalandra proceedings (A proceeding under Sec. 107 of the CrPC issued against a person against whom there is an information that he is likely to commit breach of peace or disturb the public tranquillity or any other wrongful act leading to breach of peace or disturbance to the public.)
The State reportedly submitted that the petitioner was a regular complainant and that a Kalandra was taken against the petitioner when a quarrel had occurred after access by the petitioner’s wife to the terrace was not allowed by the respondent, reported LiveLaw.
The petitioner reportedly submitted that he was not a regular complainant but he admitted that the Kalandra was initiated against both the parties which was later disposed of.
Accordingly, Justice Asha Menon ordered, “Subjecting a citizen to police scrutiny including verification of his personal documents for no good reason, except on the whimsical demand of the petitioner would entail a serious invasion of the respondent’s right to privacy.”
This is significant given how migrants, refugees and even genuine Indian citizens, are often harassed by authorities and vested interests, to provide their documents. It remains to be seen, if the Delhi HC order puts and end to this.
A copy of the order maybe read here:
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