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2011 (8) TMI 1116 - SC - Indian LawsWhether the High Court erred in awarding even token compensation to the tune of 25, 000/- each as the High Court did not hold any enquiry and passed the order merely after considering the status report submitted by the appellant no.1 without hearing any of the persons against whom allegations of abuse of power had been made?
Issues Involved:
1. Quashing of criminal case and initiation of CBI investigation. 2. Award of compensation for wrongful confinement. 3. Violation of principles of natural justice. 4. Justification for proceedings under Sections 107/151 Cr.P.C. 5. Appropriateness of CBI investigation for minor incidents. 6. Award of compensation for violation of fundamental rights. Detailed Analysis: Quashing of Criminal Case and Initiation of CBI Investigation The High Court quashed the criminal case against the respondents and directed the Central Bureau of Investigation (CBI) to investigate the allegations made against the appellants. The appellants contended that the respondents were intoxicated and causing a public disturbance, justifying their arrest under Sections 107/151 Cr.P.C. The Supreme Court found that the High Court's decision to involve the CBI was unwarranted, given the minor nature of the incident. The Court noted that the High Court had been referring similar minor cases to the CBI in a "most casual and cavalier manner," which was inappropriate. Award of Compensation for Wrongful Confinement The High Court awarded a compensation of Rs. 25,000/- each to the respondents for wrongful confinement. The Supreme Court held that awarding such compensation without a proper inquiry was erroneous. The Court emphasized that compensation for violation of fundamental rights should only be awarded after a thorough examination of the facts and evidence, which was not done in this case. Violation of Principles of Natural Justice The Supreme Court observed that the High Court's judgment was passed in violation of the principles of natural justice. The appellants were not given an opportunity to defend themselves, as they were not personally served notices. The Court noted that the standing counsel for the State had accepted notice on behalf of all respondents without proper communication with the individuals against whom allegations were made. This procedural lapse warranted the setting aside of the High Court's order. Justification for Proceedings under Sections 107/151 Cr.P.C. The proceedings under Sections 107/151 Cr.P.C. were initiated because the respondents were found intoxicated and causing a public disturbance. The Supreme Court upheld the initiation of these proceedings, noting that the respondents failed to furnish the required bonds, which justified their judicial custody. The Court highlighted that the object of Sections 107/151 Cr.P.C. is preventive justice and not punitive, and the actions of the police were in line with these provisions. Appropriateness of CBI Investigation for Minor Incidents The Supreme Court criticized the High Court's decision to refer the case to the CBI, stating that it was not a fit case for such an investigation. The Court referenced its earlier judgments, emphasizing that CBI investigations should be reserved for cases involving powerful and influential individuals or where state authorities are implicated. The minor nature of the incident did not meet these criteria. Award of Compensation for Violation of Fundamental Rights The Supreme Court reiterated that compensation for the violation of fundamental rights should be awarded only after a proper inquiry. The Court referenced several precedents, stating that such compensation is permissible when it is the only practicable mode of redress. However, in this case, the High Court awarded compensation without conducting an inquiry or hearing the individuals against whom allegations were made, rendering the order unsustainable. Conclusion The Supreme Court set aside the High Court's judgment and order, except for the quashing of proceedings under Sections 107/151 Cr.P.C. against the respondents. The Court held that the High Court had erred in referring the case to the CBI and awarding compensation without proper inquiry, thereby violating the principles of natural justice. The appeals were allowed, and the impugned judgment was largely overturned.
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