Madras High Court has observed that a man and a lady discovered inside a locked house cannot be presumed to be in an immoral relationship.
The court's observations came after an armed reserve police constable was subjected to termination of service on the ground of 'moral turpitude' because he was found with a woman inside a locked room.
"For initiating disciplinary action and inflicting punishment, this kind of presumptions prevailing in the society cannot be the basis," Justice R Suresh Kumar said.
Accused constable K Saravana Babu, in the year 1988 was found with a woman constable inside his locked quarter. According to Saravana Babu, on October 10, 1998, a woman entered his quarter asking for the keys of her house located close by, reported Times of India.
"While we were talking someone locked the door from outside and then pretended to knock on the door," Saravana Babu told the court.
The court observed that there is no eyewitness or any concrete proof to show that the two constables had been present in a compromising place.
Earlier in 2019, Madras High Court had raised its questions over revenue and police officials in Coimbatore city when they sealed a serviced apartment complex without any notice or written order after an unmarried couple found staying together in one of the rooms.
The court at that time in its order said, "When a live-in relationship between two adults is not deemed to be an offence, terming the occupation of hotel room by an unmarried couple will not attract a criminal offence. While that being so, the extreme step of sealing the premises, on the ground that an unmarried couple was occupying the premises, is totally illegal."
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