2017 (11) TMI 2015 - HC - Indian Laws

Initiation 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.

Summary

Issues Involved:
1. Illegal Detention
2. Violation of Fundamental Rights under Articles 21 and 22 of the Constitution of India
3. Compliance with Supreme Court Directions
4. Compensation for Illegal Detention
5. Disciplinary Action Against Erring Officials

Detailed Analysis:

1. Illegal Detention:
The petitioner alleged that Respondent No. 3 illegally detained him for 33 hours in connection with FIR No. 223 of 2014. He was taken from his house at Chembur at 6:00 a.m. on 11.09.2014, brought to Kopargaon Police Station, and formally arrested at 3:45 p.m. on the same day. He was produced before the Magistrate at 3:00 p.m. on 12.09.2014. The court found that the police party was sent to Chembur with the sole objective of arresting the petitioner, and despite claims of voluntary accompaniment, the petitioner was effectively under arrest from the moment he was taken from his house.

2. Violation of Fundamental Rights under Articles 21 and 22 of the Constitution of India:
The court concluded that the petitioner’s detention from 6:30 a.m. on 11.09.2014 to 3:00 p.m. on 12.09.2014 violated his fundamental rights under Articles 21 and 22 of the Constitution of India. The police failed to produce the petitioner before the nearest Magistrate during the transit period, thereby breaching the mandate of Article 22(2) and violating his right to life and liberty.

3. Compliance with Supreme Court Directions:
The court examined whether the police followed the Supreme Court’s directions in the cases of D.K. Basu vs. State of West Bengal and Arnesh Kumar vs. State of Bihar. Despite claims by the respondents that all procedures were followed, the court found that the police did not adhere to the mandated procedures, thereby violating the petitioner’s rights. The court noted that the police could have formally arrested the petitioner at 6:30 a.m. and produced him before the nearest Magistrate to comply with legal requirements.

4. Compensation for Illegal Detention:
The court awarded the petitioner compensation of Rs. 50,000/- for the illegal detention, with interest at 8% per annum from the date of filing the petition until the realization of the entire amount. Additionally, the court directed the State Government to pay Rs. 10,000/- as the cost of the petition. The court highlighted the blatant violation of the petitioner’s fundamental rights and the need for compensation as a form of solace.

5. Disciplinary Action Against Erring Officials:
The court directed the State Government and the competent superior Police Officer to hold an inquiry, fix responsibility for the illegalities committed, and take appropriate action against the erring officials. The inquiry was to be completed within three months. The court also instructed that the compensation amount should be recovered from Respondent No. 3 personally, and disciplinary action could be taken against him independently.

Conclusion:
The court found that the petitioner’s detention was illegal and in violation of his fundamental rights under Articles 21 and 22 of the Constitution of India. The court awarded compensation and directed an inquiry and disciplinary action against the responsible officials. The judgment emphasized the importance of adhering to legal procedures and protecting citizens' fundamental rights.