Thiruvananthapuram | June 24, KDC: In a landmark judgment that upholds the sanctity of privacy under Article 21 of the Constitution, the Kerala High Court has ruled that police personnel cannot intrude into the homes of history-sheeters or suspects during odd hours under the pretext of surveillance.
Justice VG Arun, presiding over the case Prasath C v. State of Kerala & Anr. (Crl.M.C. No. 3751 of 2025), delivered the ruling on June 19, quashing an FIR registered against a 63-year-old man for allegedly refusing to open his door to police during a post-midnight visit.
“The police have no right to knock at the doors of suspected persons or history-sheeters under the guise of surveillance,” the Court said, adding that such actions violate the right to privacy, dignity, and peaceful residence.
The petitioner, Prasath C, had been booked by the Thoppumpady Police under Section 117(e) of the Kerala Police Act after officers allegedly visited his home around 1:30 am on April 3, 2025. When he refused to open the door, he was accused of obstructing police work, reported Srinagar based news agency Kashmir Dot Com.
In his defense, the petitioner contended that he had been targeted by the local police due to his previous complaints against them, including a false POCSO case from which he was acquitted. He further stated that he had been receiving late-night calls and was asked to stand outside his home before being called to the police station and allegedly tortured.
Justice Arun underscored that privacy, as recognised in the landmark K.S. Puttaswamy v. Union of India ruling, includes the right to the sanctity of one’s home. Citing the Supreme Court’s reasoning, the Judge stated: “Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours.”
The Court noted that surveillance, even on known offenders, must be within legal bounds and cannot disregard the basic dignity of individuals. The judge reiterated that history-sheeters retain all constitutional rights, including that of privacy and dignity.
The ruling held that the midnight visit by police did not amount to a “lawful direction” as required under Section 39 of the Kerala Police Act. Therefore, the Court concluded that the petitioner could not be prosecuted under Section 117(e) for not responding to such an instruction.
With these observations, the Court quashed the FIR and all proceedings in Crime No. 267 of 2025 against the petitioner. (KDC)
