Supreme Court cautioned for "harassing" people against whom police sent pre-arrest notice.
The Supreme Court on Monday pulled up Tripura Police over the notices sent to people for social media posts about alleged communal violence in the state despite its interim restraining order and cautioned it for "harassing" parties against whom police sent pre-arrest notice.
A Bench of Justices DY Chandrachud and Surya Kant warned the counsel for the appearing for the state of Tripura that if Police did not refrain from "harassing people", and said it would summon the Home Secretary and the concerned police officials.
"When we have passed an order, how dare you not implement it. We will ask your Home Secretary and other officers to be present on the screen next time. At least show deference to our order when we have handled an issue
It further said, "Inform the Superintendent of Police not to harass people like this. Why should somebody be required to run to the Supreme Court? What else is this if this is not harassment? Otherwise, we will call SP to court and make him answerable if we find he is trying to evade compliance by issuing notices to the people."
The top court was hearing a plea filed by journalist Samiullah Shabbir Khan against a notice issued by Tripura Police seeking his appearance under Section 41A (Notice of appearance before police officer) of the Code of Criminal Procedure.
Advocate Sharukh Alam, appearing for Khan, argued that on January 10 the top court passed an interim order restraining the police from acting against the journalist's tweets.
The top court in its order today stated, "The counsel for the petitioner, states that the order dated 10 January 2022 passed by this court, though reported widely, has formally remained to be served on the superintendent of police."
"Be that as it may, a notice under section 41 A of the CrPC on January 29, 2022, was issued requiring the attendance of the petitioner today. Since the petitioner has already been protected by the previous order of this court dated 10 January 2022, no further steps shall be taken in pursuance of the notice under section 41 A, pending further orders," it added.
At the end of the hearing Solicitor General, Tushar Mehta intervened and assured the bench that the court's order will be complied with.
"I assure this bench that the order of this court will be respected with utmost sanctity," Mehta said.
On January 10, the top court had restrained Tripura Police from acting on its notice twitter Inc with regard to a journalist's tweet about alleged communal violence in the state.
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