Telangana HC seeks clarity on police powers to issue search warrants, seeks govt’s reply
The court questioned the Home Department for failing to place on record relevant notifications that allegedly empower police and other authorised officers to exercise such powers
By Newsmeter Network
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Hyderabad: The Telangana High Court has directed the State government to clearly explain the legal authority under which police are issuing search warrants, particularly under provisions of the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The court questioned the Home Department for failing to place on record relevant notifications that allegedly empower police and other authorised officers to exercise such powers.
A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin granted the government two weeks to submit a comprehensive counter-affidavit along with all supporting documents and adjourned the matter.
Court questions missing notifications
During the hearing, the Bench observed that the Home Department’s counter did not specify the notifications issued to implement provisions of the CrPC and BNSS that allegedly confer powers on police and other authorised officers to issue search warrants.
In the absence of these details and annexures, the court said it was unable to ascertain the factual position.
Petition alleging misuse of powers
The case arises from a petition filed by advocate Vijay Gopal, who alleged misuse of Section 93 of the CrPC and Section 47 of the Hyderabad City Police Act in the issuance of search warrants.
Petitioner’s contentions
Appearing for the petitioner, counsel argued that:
- Police were allegedly exercising powers vested in First Class Judicial Magistrates.
- Under the pretext of searching for terrorists or anti-social elements, police were conducting searches at odd hours.
- Residents were allegedly subjected to intrusive checks, including demands for Aadhaar and other identity documents during late-night searches.
Court’s direction to Home Department
After hearing the submissions, the Bench remarked that without a complete set of facts supported by statutory notifications, the court could not effectively examine the legality of the actions complained of.
It therefore directed the Home Department to:
- Place on record the relevant provisions of the CrPC and BNSS.
- Submit details of notifications issued to empower police officers.
- File all related annexures within two weeks.
The matter has been posted for further hearing after the government’s detailed response is filed.
