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HindustanTimes Thu,31 Jul 2014

FB row: after closure report, girls should get compensation, say experts

HT Correspondent, Hindustan Times  Mumbai, November 29, 2012
First Published: 20:51 IST(29/11/2012) | Last Updated: 20:53 IST(29/11/2012)

After the state police decided to file closure report in the case against the girls on Thursday, lawyers said that the girls should be compensated for their illegal detentions, wrongful arrests and the mental trauma that they have been through.

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"What the police did by calling the girls to the police station after sunset and by producing them before a magistrate is illegal detention. If the court offers compensation on its own, that would be the most ideal situation," said criminal lawyer Pradip Havnur.

"They should be awarded compensation now that the state has realized that what was done with the girls was absolutely wrong. Compensation should be recovered from the personal salaries of officers who were indicted in the inspector general's (Konkan Range) report," he added.

In case the court does not offer compensation to the girls voluntarily, the duo can file a petition in the high court. The girls, experts said, should point out to the court that they were wrongfully arrested and set up a claim for compensation. The entire procedure takes two to six months to complete and the girls will most likely be awarded compensation between Rs. 2 lakh to Rs. 5 lakh. The amount, experts said, can be recovered from the indicted officials or from the government's pocket.

"Under the Human Rights Act, the girls can apply for compensation and there are precedents to this. Besides, the girls can also sue the police or government for wrongful arrests by invoking the Civil Procedure Code," said YP Singh, former IPS officer and now a lawyer.

"They must be awarded suitable compensation and apologies should be tended to them by the state," said leading criminal lawyer Majid Memon. Advocate Mahesh Jethmalani also said that the girls should be compensated.

Lawyer Satish Maneshinde, meanwhile said, "The girls were wrongly detained and arrested for an offence they had not committed. I think they should be compensated and there is provision in the law for the same."

Shaheen's uncle, Dr Abdul Dhada's Palghar-based hospital was vandalized immediately after Shaheen updated the post on her Facebook profile on November 18 with losses to the tune of Rs. 15 lakh.

Commenting upon the damage to Dr Abul's hospital, Memon said, "Dr Abdul is entitled to compensation of the damages caused to his property as a fallout of this incident. "

"In all these days, no one has once mentioned compensation for the hospital damages. My family and I are only glad that none of us were present at the hospital when it was vandalized and that no one was injured," said Dr Abdul.


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