HC orders Maharashtra cop to pay ₹2L for illegal arrest
What's the story
The Bombay High Court has ordered a Maharashtra Police officer to pay ₹2 lakh as compensation for an illegal arrest. The court also directed another constable involved in the case to pay ₹50,000 to his estranged brother-in-law, who was also detained without any legal basis. The order was passed by Justices Vibha Kankanwadi and SG Chapalgaonkar on a petition seeking quashing of an FIR lodged in Hingoli in June.
Legal scrutiny
Court criticizes police for unlawful arrest
The FIR was first registered on charges of defamation and offenses under Sections 66-A and 66-B of the Information Technology Act. However, the court noted that Section 66-A had been declared unconstitutional by the Supreme Court, rendering its invocation in this case improper. It also noted that Section 66-B wasn't applicable to the circumstances. Despite these legal inconsistencies, the petitioner was arrested post-midnight on August 6, 2024.
Unlawful detention
Court awards compensation for husband's wrongful arrest
In a separate ruling, the Bombay High Court awarded ₹1 lakh in compensation to Ratna Chandrakant Vannam for her husband's wrongful arrest. The incident took place after their neighbor demanded money to allow repairs on their hut, damaged by rain. Assistant Police Inspector Tukaram Jadhav refused to register their complaint and later arrested Chandrakant Vannam and laborers for "unauthorized construction."
Legal reprimand
Court criticizes police officer's unjustified actions
Advocate Suvidha Patil argued Jadhav had no legal basis for the arrest and alleged he demanded a bribe. The court found discrepancies in police records and criticized Jadhav's actions as unjustified. Justices Bharati Dangre and Manjusha Deshpande noted police relied solely on the neighbor's complaint without verifying facts. The court also fined Jadhav ₹2,000 for failing to file an affidavit when the couple complained about their situation.
Legal directive
Court emphasizes judicious exercise of police power
Both cases highlight problems with arbitrary police actions and emphasize the need for officers to use their power judiciously. The court noted that detention without reasonable cause violates individual rights. It ordered that compensation should be paid by those responsible for these unlawful arrests, strengthening accountability in law enforcement agencies.