Jammu, Sept 28, KDC: The High Court of Jammu & Kashmir and Ladakh at Jammu has held that a woman cannot be compelled to attend a police station for an enquiry or investigation unless she voluntarily agrees to do so.
The Court was hearing a petition filed by a woman employed in a Corporation and presently performing her duties at Hyderabad, who approached the High Court alleging that she was receiving WhatsApp messages from a police official directing her to appear in an ongoing enquiry.
Her counsel argued that, considering her place of posting and the statutory and constitutional safeguards available to women, the manner in which she was being asked to appear before the investigating officer was not permissible.
Justice Shahzad Azeem referred to Section 179 of the BNSS and observed that certain statutory safeguards are available to women in matters of police enquiry and investigation, including the requirement that they be permitted to attend such proceedings at their residence.
The Court held that, on a conjoint reading of Sections 179 and 35 of the BNSS, a woman cannot be compelled to attend a police station unless she voluntarily agrees to do so.
The Court further observed that Article 21 of the Constitution protects the petitioner’s right to join an investigation or enquiry with dignity.
Accordingly, the respondents were directed to strictly comply with the statutory and constitutional mandate and make necessary arrangements for recording the petitioner’s statement, or obtaining any required material, strictly in accordance with Section 179 BNSS.
However, the Court clarified that the order would not grant the petitioner protection from joining the ongoing enquiry, if any. (KDC)
