Bombay high court awards compensation for unlawful arrest by police

The Bombay High Court awarded ₹1 lakh to Ratna Vannam for her husband's wrongful arrest, condemning police misconduct and abuse of power.

MUMBAI: A recent judgment issued by the Bombay high court ruled in favour of a petitioner seeking compensation of ₹1 lakh for her husband’s wrongful arrest, condemning the arbitrary actions of a police officer involved.

Bombay high court awards compensation for unlawful arrest by police

The petition was filed by Ratna Chandrakant Vannam under article 226 (power of high court to issue certain writs) of the Constitution, against the wrongful arrest of her husband, Chandrakant Vannam. The court found that the arrest was unjust and an abuse of power, ordering the state to pay compensation for the unlawful arrest and mental harassment caused to the family.

In September 2012, the couple undertook repairs on their hut at Siddharth Nagar, which was damaged by heavy rains. Their neighbour, Jagadevi Surakant Bhagode, allegedly demanded ₹20,000 to allow the repairs, threatening to use her connections to involve the police if they failed to pay. The couple attempted to lodge a complaint at the Wadala TT Police Station, but Tukaram Jadhav, assistant police inspector (API), refused to register it, claiming it was a BMC matter. Following this, Chandrakant Vannam and the labourers working on the hut were arrested on charges of “unauthorized construction.”

Advocate Suvidha Patil, representing Vannam, argued that API Jadhav had no grounds to arrest her husband and the labourers without cause. Furthermore, Jadhav had allegedly demanded a bribe of ₹10,000 to resolve the matter. Patil pointed out inconsistencies in the station’s records and suspected fabrication of receipts issued for the fines paid.

On behalf of the state, D J Haldankar, additional public prosecutor, contended that the construction posed a danger to Bhagode’s property and justified police intervention. However, the court observed that the police had relied solely on Bhagode’s complaint without verifying facts, reflecting bias and misconduct.

A division bench led by justices Bharati Dangre and Manjusha Deshpande found API Jadhav’s actions to be unjustified, noting that the arrest was made under inappropriate provisions without due process. It criticized the Maharashtra Police for not conducting a thorough inquiry and penalized Jadhav with a ₹ 2,000 fine for failure to file a required affidavit when the couple complained, despite the serious allegations. The court underscored that police officers must exercise power judiciously and that detention without reasonable cause is a violation of rights. Noting that Vannam’s detention was a clear example of abuse of power, the court directed the Maharashtra government to compensate Vannam with ₹1,00,000, which may be recovered from those responsible, including API Jadhav.