Couple to get Rs. 5 lakh for illegal detention
Shocked with the high-handed attitude of the police, the Bombay high court on Friday directed the state government to pay a compensation of Rs 5 lakh to an elderly couple for their illegal detention at the Navghar police station in Mulund.mumbai Updated: Dec 22, 2012 02:34 IST
Shocked with the high-handed attitude of the police, the Bombay high court on Friday directed the state government to pay a compensation of Rs 5 lakh to an elderly couple for their illegal detention at the Navghar police station in Mulund.
Acting on a dowry harassment complaint lodged by their daughter-in-law, sub-inspector Mahadeo Nikam from the Navghar police station had detained Ramesh, 66, and Hansa Jariwala, 63, from their house in Aurangabad on December 2, 2011.
According to their counsel VV Purwant, they were first taken to Solapur and then brought to Mulund. At 8.10am on December 4, they were officially shown as arrested, 36 hours after they were apprehended.
The law of the land empowers the police to detain suspects only for 24 hours. The permission of a metropolitan or judicial magistrate has to be sought to extend the detention period.
Jariwalas were produced before the Bhoiwada magistrate court on December 4 and were granted bail the same day.
“Even 12 years after the Supreme Court decision, the policemen have shown complete disrespect and disregard to the binding directions,” the division bench of justice Abhay Oka and justice Sambhaji Shinde commented, referring to the apex court’s verdict in the DK Basu case.
In the landmark ruling, the apex court had laid down guidelines, many of which have subsequently been added to the Criminal Procedure Code through amendments.
The bench said that the 36-hour detention of the Jariwala couple was in violation of their fundamental rights.
“The blatant violation of human rights shock the conscience of the court,” the bench added, while awarding a compensation of Rs 2.5 lakh to each of them. Besides, the couple will also get an additional sum of Rs 25,000 towards the cost of litigation.
The court has granted the state government the liberty to recover the amount from the errant policemen.
Besides, the erring police personnel will also face disciplinary action, based on an inquiry conducted by an officer of the rank of the additional commissioner of police.