1985 (11) TMI 240 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of Shri Bhim Singh's arrest and detention.
2. Violation of constitutional rights u/Articles 21 and 22(2).
3. Entitlement to monetary compensation for wrongful detention.

Summary:

1. Legality of Shri Bhim Singh's Arrest and Detention:
Shri Bhim Singh, a Member of the Legislative Assembly of Jammu & Kashmir, was arrested on the night of 9th-10th September 1985 at Qazi Kund while traveling from Jammu to Srinagar. This arrest was purportedly based on an FIR u/s 153-A of the Ranbir Penal Code for delivering an inflammatory speech. However, the affidavits and circumstances suggest that the arrest was premeditated to prevent him from attending the Legislative Assembly session on 11th September 1985. The police officers involved, including the Superintendent of Police, Anantnag, and others, acted on instructions received prior to the official requisition for arrest, indicating a deliberate and mala fide intent.

2. Violation of Constitutional Rights u/Articles 21 and 22(2):
Shri Bhim Singh was not produced before a Magistrate within 24 hours of his arrest as mandated by Article 22(2) of the Constitution. The remand orders obtained on 11th and 13th September 1985 from the Executive Magistrate First Class and the Sub Judge, respectively, were done without producing Shri Bhim Singh before them. The affidavits filed by the police officers, including the Inspector General of Police, used careful language to avoid stating that Shri Bhim Singh was produced before the Magistrate. This deliberate omission and the surreptitious manner of obtaining remand orders indicate a gross violation of Shri Bhim Singh's constitutional rights.

3. Entitlement to Monetary Compensation for Wrongful Detention:
The Supreme Court held that Shri Bhim Singh's constitutional rights were violated with impunity, and he must be suitably and adequately compensated. Citing precedents from Rudul Sah v. State of Bihar and Sebestian M. Hongray v. Union of India, the Court affirmed its jurisdiction to award monetary compensation for such violations. Consequently, the Court directed the State of Jammu and Kashmir to pay Shri Bhim Singh a sum of Rs. 50,000/- as compensation within two months, to be deposited with the Registrar of the Court and paid to Shri Bhim Singh.

Conclusion:
The Supreme Court condemned the high-handed and authoritarian actions of the police officers and highlighted the responsibility of higher echelons of the Government of Jammu and Kashmir in this matter. The judgment underscores the importance of protecting personal liberty and the Court's role in providing redress through monetary compensation for wrongful detention and violation of constitutional rights.