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Activists slam cordon & search operations
The cordon and search operation of the city police is raking up an ‘activist’ controversy. The human rights activists feel it amounts to violation of human rights and that the police have no right to brand some places as criminal areas. The police bosses, however, claim that the Cr PC allows them to conduct such searches so that they can keep the city free from anti-social elements and terror suspects.
Police have no right to brand some places as criminal areas
Hyderabad: The cordon and search operation of the city police is raking up an ‘activist’ controversy. The human rights activists feel it amounts to violation of human rights and that the police have no right to brand some places as criminal areas. The police bosses, however, claim that the Cr PC allows them to conduct such searches so that they can keep the city free from anti-social elements and terror suspects.
Police said they conduct searches in the early hours – between 12 am and 5 am - as those are the timings most criminals are at home. According to a senior police officer, all such operations are taken up following intelligence inputs. Particularly in industrial areas where many migrants from other Telangana districts and states like Odisha, Jharkhand, Bihar and UP were staying. Many people with criminal background come from other states, reside in these areas, commit thefts and leave soon after the offence.
According to Cyberabad police commissioner CV Anand, the police was not violating the law and the operations were being taken up under the Sections 94 (search of suspected place), 97 (search for persons wrongfully confined), 100 (person in charge to allow search), 102 (power of police to seize certain property), 103 (search in presence of magistrate) and 133 (conditional order for removal of nuisance) of the Cr PC.
He said only criminals backed by advocates feel search operations were unconstitutional but public are openly welcoming and wholeheartedly cooperating with the operations. “There was no violation of privacy or human rights,” he said.“Based on inputs from crime intelligence the police prepare a list of places where it proposes to take up the operation, “explained the police commissioner to The Hans India.
The police conduct an operation using three layers, a tactic that was used in urban anti-naxal search operations. Human Rights activists say that the police commissioner is not empowered to breach rights (Right to Privacy, Article 21) guaranteed by the Constitution. It is just a travesty of justice, they maintained. They also take strong objection to the areas being selected by the police. Is there any rule that criminals do not stay in posh areas, they question.
When pointed out that searches were taken up in areas like Chikkadpally, Begum Bazar, Abids, Saifabad, Red Hills and Necklace Road, the activists said that they were upper middle class areas and not posh areas. Dhangopal Rao, a city-based advocate, said that he was the first one to file a Public Interest Litigation (PIL) in the court challenging the action of police authorities in imposing restrictions on residents in the name of the search operations.
He also contended that the action was against Articles 14, 15, 19 (1), 21 and 22 of the Constitution. But the court dismissed his plea and asked him to approach the Cyberabad police commissioner.Anand said that all searches were carried out as per law. “The Station House Officer (SHO) gets a warrant before conducting the search. The search memos are drafted and reasons are mentioned before obtaining the warrant,” he added.
By:Victor Rao
