Court Directs Humane and Time-Bound Investigation in the Case of Duvvada Srinivas, Ensuring Constitutional Safeguards
In a significant judgment, the Andhra Pradesh High Court, presided over by Dr. Y. Lakshmana Rao, J., addressed the complex interplay between individual rights and effective law enforcement in the case of Duvvada Srinivas v. State of Andhra Pradesh. The court disposed of Writ Petition No. 17890 of 2026, filed by petitioner Duvvada Srinivas, who challenged the repeated issuance of notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponding to Section 41A of the Cr.P.C.
The petitioner contended that the repeated summons by the Hiramandalam Police Station, despite his cooperation and the availability of investigative material, were arbitrary and violated his constitutional rights under Articles 14, 19, and 21. The petitioner, suffering from serious medical conditions, argued that the police action amounted to harassment and was politically motivated.
The court, however, recognized the statutory duty of the police to conduct a thorough investigation into cognizable offences. It emphasized that the right to silence, a constitutional guarantee under Article 20(3), cannot be misconstrued as non-cooperation. The court stressed the importance of balancing individual liberty with law enforcement needs, ruling that investigation must respect constitutional guarantees, ensuring fairness, expediency, and proportionality.
In its order, the court directed both parties to cooperate, ensuring the investigation is completed within a defined timeframe. The court mandated that a schedule for the petitioner’s appearances be drawn up, promoting transparency and accountability. It also allowed the petitioner to be accompanied by a Legal Aid Counsel during interrogations, safeguarding his rights and addressing his health concerns.
This judgment underscores the court's commitment to protecting individual rights while enabling effective law enforcement, striking a balance that neither compromises personal liberty nor hampers the pursuit of justice.
Bottom Line :
Repeated issuance of notices under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponding to Section 41A of the Cr.P.C., must strike a balance between individual liberty and effective law enforcement. Investigation must be humane, time-bound, and proportionate to the case requirements.
Statutory provision(s): Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, Articles 20(3) and 21 of the Constitution of India
Duvvada Srinivas v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2962538
