In a significant reaffirmation of citizens’ right to privacy and dignity, the Kerala High Court has held that police officers have no authority to knock on the doors or enter the homes of suspected individuals or history-sheeters during the night under the pretext of surveillance.
Justice V.G. Arun delivered the judgment while allowing a petition filed by a man who had been booked under charges of threatening police officers during a late-night visit to his residence. The court quashed the FIR and all connected proceedings, emphasizing that such night-time intrusions by the police are not legally justified.
“Under the guise of surveillance, the police cannot knock on the doors or barge into the houses of history-sheeters,” the court said, adding that surveillance methods permitted under the Kerala Police Manual—such as ‘informal watching’ and maintaining a ‘close watch’—do not authorize midnight home visits.
Invoking the sanctity of personal space, the court remarked: “Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity, and dignity is non-negotiable.”
Justice Arun also clarified that under Section 39 of the Kerala Police Act, citizens are required to comply only with “lawful directions” of the police. “Knocking on the doors of a history-sheeter at midnight and demanding him to come out of the house cannot by any stretch of imagination be termed as a lawful direction,” he stated.
The petitioner had argued that he was falsely implicated in the case to derail an ongoing High Court inquiry into his earlier complaint alleging police harassment. The police, on the other hand, claimed they were conducting routine checks on known offenders and were merely verifying whether the petitioner was present at home.
The court acknowledged that even if derogatory language or threats were made by the petitioner during the encounter, such conduct might amount to a different offence but not the one currently charged under the Kerala Police Act for obstruction of duty.
