The Madras High Court has dismissed a plea filed by former Tamil Nadu Minister V. Senthil Balaji and his brother R.V. Ashok Kumar alleging harassment by the police in connection with ongoing and proposed criminal investigations.
Justice G.K. Ilanthiraiyan held that the petitioners could not seek a blanket restraint against the police from conducting investigations or taking action in accordance with law. The Court observed that such relief, particularly in relation to possible future action, would be premature.
The petitioners had approached the High Court alleging that police authorities were conducting searches and inquiries in a manner that amounted to harassment. They maintained that they were not seeking immunity from investigation, but wanted the police to follow the prescribed legal procedure.
They had also sought directions that, whenever their presence was required in connection with any criminal case, the investigating agency should issue notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The plea alleged that the police were pursuing the petitioners due to political hostility and attempting to implicate them in criminal cases. The petitioners also claimed that searches and other investigative measures continued despite their having obtained anticipatory bail in one of the cases.
The State opposed the petitions, arguing that the relief sought was broad and lacked specificity.
The High Court ultimately declined to interfere with the investigative process and dismissed the petitions. The Court made it clear that the police could not be restrained from carrying out a lawful investigation merely on the basis of apprehensions regarding possible future action.
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