Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 2015 - HC - Indian LawsInitiation of criminal proceedings against the respondent No. 4 - illegal detention of petitioner for more than 33 hours - HELD THAT:- A lame attempt was made on behalf of Respondent No. 3 by producing a Call Data Record to show that the petitioner was allowed to make and receive telephone calls during the period he along with the police party left his home at Chembur and arrived at the Kopargaon Police Station. In our considered view, this circumstance would at the most demonstrate that the police party had done some favour to the petitioner in allowing him to make calls. However, that will not militate against the actual removing of the petitioner from his house and taking him to Kopargaon without formally showing that he was arrested - having not resorted to this procedure, they have clearly breached the mandate of clause 2 of Article 22 and have also violated the right of the petitioner to life and liberty guaranteed under Article 21 of the Constitution of India. It is indeed a blatant violation of fundamental right of the petitioner shocks our conscience. We have not been shown that any steps have been taken either by the State Government or the higher officials of the Police Department in setting their home in order. We do not propose to comment any further. We are satisfied that there is a blatant violation of fundamental rights of the petitioner guaranteed under Article 21 and 22 of the Constitution of India. There are no strict parameters, however, considering the fact that the petitioner was produced before the learned Magistrate at Kopargaon after about 32 hours and 30 minutes, in our view as a solace the petitioner is entitled to receive an amount of Rs. 50,000/- by way of compensation. In addition we also deem it appropriate to direct the State Government/Respondent No. 1 to pay Rs. 10,000/- to the petitioner as a cost of this petition - the detention of the petitioner at the instance of Respondent No. 3 from 6.30 hours of 11.09.2014 to 15.00 hours of 12.09.2014 is illegal and in violation of his fundamental rights guaranteed under Article 21 and 22 of the Constitution of India - Respondent No. 1/State of Maharashtra are directed to pay compensation of Rs. 50,000/- to the petitioner together with interest @ 8% per annum from the date of filing of this petition i.e. 13.02.2015 till realization of the entire amount of compensation together with interest. This amount shall be paid to him within four weeks from today. Petition allowed.
|