[1]Citing the statutory provision that no woman shall be arrested beyond sunset, the Madras high court (HC) held on Thursday that it was the bounden duty of police officers to take statements of women at their homes and that too before sunset.
It upheld an order of the state government stopping an increment to a sub-inspector for two years for questioning a woman at a police station at night.
Holding that examination of the woman at night was contrary to the provison of sections 160 (1) and 46 (4) of CrPC, justice D. Hariparanthaman dismissed sub-inspector M. Lakshmanan’s petition. He said, “I do not find any infirmity in the impugned order passed by the state government.”
When Lakshmanan was posted at Padalur Police Station in Perambalur district, S. Gopal lodged a complaint on June 22, 1999, that five girl students of a government higher secondary school had gone missing since June 20. The sub-inspector questioned suspect Muthulakshmi and others on June 25.
Muthulakshmi alleged that her statement was taken at police station at half-past midnight contrary to rules.
Lakshmanan claimed she voluntarily came to the police station, but the government was not satisfied with his explanation and decided to punish him.
Judge Hariparanthaman said the statute mandated that no woman shall be asked to furnish information in a place other than her house.
The 1999 case of missing girls
* Muthulakshmi, a suspect, was questioned at the police station at half-past midnight contrary to the rules
* While sub-inspector Lakshmanan claimed Muthulakshmi had come voluntarily, the court ruled that it was against the rules
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