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Tamil Nadu
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Madurai
MADURAI: The Madras High Court Bench here has directed the Tamil Nadu as well as Karnataka police not to harass a jeweller based at Sankarankovil in Tirunelveli district in connection with a theft in the house of a relative of a top bureaucrat in the neighbouring State. Disposing of a writ petition filed by the jeweller, Justice G. Rajasuria directed the Sankarankovil police as well as the Manipal police from Karnataka to adhere to the 11 guidelines, on arresting or detaining the accused, laid down by the Supreme Court in D.K. Basu’s case in 1996. The Judge also ordered that the local police should scrupulously follow Government Order Ms. No.1416 issued on October 22, 1999. The G.O. stipulated the procedures to be adopted while holding enquiries with jewellery shop owners regarding stolen jewellery or other valuables. According to petitioner S. Durai Raj, a few police personnel barged into the house in civilian clothes on November 3 in search of 10 kilograms of gold jewellery supposedly stolen at Manipal. The policemen refused to show the First Information Report and the confession statements given by the criminals despite a request made by the petitioner’s lawyer. The Manipal police went back without making any seizures. However, the Sankarankovil police continued to pressurise the petitioner demanding the gold jewellery, he alleged in his affidavit and sought for a direction to the Home Secretary to instruct the police officers not to harass him. Petitioner’s counsel T. Lajapathi Roy pointed out that the 1996 Government Order states that whenever grave thefts involving huge quantity of jewellery were reported, the description of the properties should be circulated to all District Jewellers Associations in the State enabling its members to approach the police, if they were brought for sale. The G.O. also reads that any recovery of stolen jewels by the police could be done only with the assistance of the local jeweller’s association. Further, the police officers were directed not to harass innocent jewellers and observe utmost courtesy while dealing with the latter. In the D.K. Basu’s case, the Apex Court had held that any police personnel carrying out arrest and handling interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The guideline was reportedly not followed in the petitioner’s case.
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