SC rebukes police for warrantless entry

Says privacy of home is inviolable under Article 14(1) of the Constitution

ISLAMABAD:

The Supreme Court has rebuked the Islamabad Police for entering the house of a suspect without an arrest warrant, emphasizing that the privacy of the home is inviolable under Article 14(1) of the Constitution.

"Without obtaining a search warrant, the privacy of the petitioner’s home was violated. Article 8 of the Constitution gives paramountcy to the Fundamental Rights (including Article 14).

"[This] cannot be abridged, and if any law is made in contravention thereof, it states that it shall to such extent be void," said an 8-page written order authored by Chief Justice of Pakistan (CJ) Qazi Faez Isa.

Justice Isa was leading a three-member bench that heard the bail application of a Pir, who was booked under Section 295-C of the Pakistan Penal Code (PPC), 1860 — blasphemy law — for allegedly displaying a poster at his residence showing pictures of sacred personalities.

The complainant, who had gone to the Pir’s residence for a "dum," had reported to the police, which had raided the Pir’s house and taken the alleged poster into their possession.

The verdict noted that when the court inquired from police officials whether they obtained a search warrant before entering the petitioner’s house, they replied in the negative.

"Since Section 295-C of the PPC was mentioned as the only offence in the FIR, we inquired whether the matter had been investigated by an officer of the rank of SP [superintendent police], as required by Section 156-A of the Code, and were told that this too was not done."

The court noted that an offence under Section 295-C of the PPC must be investigated by an officer not below the rank of a superintendent police (SP), as stipulated by Section 156A of the code.

It stated that Verse 27, Chapter 24 (An-Nur) of the Holy Qur’an states that believers do not enter houses other than their own until they have asked permission.

"When the police themselves do not abide by the law, it is a matter of grave concern. And all the more so when a citizen’s liberty is involved. It is noted that in such cases the complainant, rather than the police, takes the lead, and also effectively takes over the investigation.

"This is done in complete derogation of the law and the Constitution. The SSP stated that he will ensure that in the future, the law is strictly followed. He further states that he will be examining whether disciplinary action is required to be initiated against the delinquent policemen," it said.