Exercising right to freedom of movement
I am an aspiring writer and I do most of my work at night. Sometimes I need to take a walk in the middle of the night. That's when the cops stop me and ask me to return home.
Once I resisted it and they took me to the police station and made me sit there till dawn and let me off.
I do know that under Art 19(1)d I do have the right to move freely across the territory of India. I also do know that reasonable restrictions can be imposed on my rights.
But the thing is I have shown the police my id and asked them to search me for any objectionable item, which they did and found nothing. Yet they stupidly ask me not to move at night without a valid reason.
I just want to have the freedom to move at night.
Asked 2 years ago in Constitutional Law from Vijayawada, Andhra Pradesh
The Police is definitely at fault.
Though the police has every reason to apprehend a person if they suspect him to commit wrong, in particular case the person may exempted from restrained by police at night.
You better either confine your walk to a limited space or file a writ petition in high court.
1) the police lay down restrictions in your interest .
2) At night streets are deserted and your chances of getting mugged increase
3) with the increasing crime rate police discourage members of public from roaming in the streets at nights .
4) if you so desire you can take a walk around your building complex which is guarded by security personnel and which may have CCTV cameras installed for your safety
1. Police has indubitably exceeded its authority in this case. It seems to be a case of moral and not legal policing. Every one is free to walk on a public road at any time of the day except if a curfew has been imposed.
2. Such cops get emboldened due to inaction by people whose rights they violate. If cops are dragged to court this nonsense will come to an end within a week.
3. You have the right to go to court and seek the prosecution of cops who stop you, in addition to seeking damages from them.
there is no rule to restrict your movement without any emergency order or a directions from collector /tahasildar under 107 Cr.pc or any court order due to any dispute you are involved.
it is not advisable to protest to the beat officers/constables as they will get you in a charge which has nothing to do with the factual facts.
You can approach a magistrate with a private complaint against the station officers.