Madras high court news: Madras High Court was hearing a plea against the police notice to a local journalist. (Image enhanced using AI)

By Jagriti Rai

Madras high court news: While quashing a notice issued by the police to the local journalist, the Madras High Court has said that the police cannot summon or question the petitioner in the absence of any case registered against him.

Justice Sunder Mohan was hearing a plea of a local journalist, Vimal Chinnappan, who sought to quash the summons issued against him by the police under provisions of the IPC and SC/ST Prevention of Atrocities Act.

“Section 35(1)(b) does not empower the police to summon or question the petitioner in the absence of any case registered against him. Therefore, this court is inclined to quash the notice,” the court held.

Section 35(1)(b) outlines when a police officer can arrest someone without a warrant based on a reasonable complaint, credible information, or suspicion of a cognizable offense punishable by up to seven years imprisonment, provided the officer believes the arrest is necessary for preventing further offenses, ensuring proper investigation, or preventing evidence tampering.

Findings

  • It is seen from the notice sent by the police that he has sought responses to about twelve questions from the petitioner, primarily relating to the publication of an article containing defamatory allegations against the police.
  • Admittedly, the notice has not been issued in connection with a case registered in 2023, as the investigation has already been concluded.
  • If the petitioner was required for enquiry in any other case, the police ought to have referred to the crime number of such a case. But no other case has been registered against the petitioner.
  • That apart, Section 35(1)(b) of the BNSS only specifies the circumstances under which a police officer may arrest a person without a warrant and does not empower the police to summon or question the petitioner in the absence of any case registered against him.

Background

  • The local journalist petitioner filed a plea to quash the notice issued by the police against him related to an article published by him in a journal containing allegedly defamatory statements against the police.
  • The police forwarded certain questions to the local journalist along with a notice seeking his explanation.

This story was originally published in indianexpress.com. Read the full story here.