Kerala High Court: Police Cannot Disturb Homes of 'History Sheeters' at Odd Hours

In a significant ruling that strengthens the right to privacy, the Kerala High Court recently held that police officers cannot barge into or knock on the doors of individuals with a criminal past during odd hours in the name of surveillance.

The judgment was passed by Justice VG Arun in the case of Prasath C v. State of Kerala & Another. The Court made it clear that such actions violate a person’s right to privacy under Article 21 of the Indian Constitution, which guarantees the right to life and dignity.

Police Can't Disturb Someone’s Home Without Legal Justification

The Court referred to two major Supreme Court rulings — Kharak Singh v. State of UP and KS Puttaswamy v. Union of India — both of which highlight the importance of protecting personal privacy and the sanctity of a person's home.

"Every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours," the Court said."The police cannot disturb someone's home without lawful reason, even if they have a criminal background."

The Case of Prasath C

This ruling came after a petition filed by Prasath C, a resident of Kochi. He was booked under Section 117(e) of the Kerala Police Act for allegedly intimidating police officers who visited his home at 1:30 am on April 3, 2025.

The police claimed the visit was part of their routine night checks on "history sheeters" — a term used for individuals with a criminal past who are kept under surveillance.

However, Prasath argued that the visit was a form of harassment and retaliation. He said this began after his acquittal in a POCSO case previously filed at the same police station. He had even filed a complaint with the State Police Chief about police misconduct, and he claimed he was assaulted at the station after the late-night visit.

Court Finds the Surveillance Illegal

After reviewing the facts, the High Court found that such police actions were not authorised under the Kerala Police Manual. The manual only permits informal and discreet surveillance, not midnight visits to a person's home.

"What is permitted is only informal watching and close monitoring — not knocking on doors at night," the Court said.

Additionally, the Court ruled that asking someone to step out of their house at 1:30 am is not a lawful police direction under Section 39 of the Kerala Police Act.

Outcome of the Case

While the Court made it clear that any abusive or violent behavior by Prasath during the police visit could still be investigated, it quashed all further proceedings in the criminal case against him related to this specific incident.

Who Represented the Parties?

• For Prasath C: Advocates Ashik K Mohamed Ali, Muhammed Rifa PM, Ehlas Haleema CK, Salman Faris, and Gayathri Ashish Nair

• For the State: Senior Public Prosecutor MC Ashi

  
  

Conclusion

This judgment is a strong reminder that police powers have limits — even when dealing with people who have a criminal record. The Court rightly emphasized that dignity and privacy are non-negotiable rights, and surveillance cannot become an excuse for harassment.

The Kerala High Court has drawn a clear line between lawful policing and violation of personal freedom — reinforcing the idea that every citizen, regardless of their past, deserves to be treated with respect under the law.