Illegally detained for 33 hours, Mumbai man to get Rs70,000 compensation

This case is another example of how the state’s police machinery s either oblivious or emboldened to breach the fundamental rights of the citizens, said the Bombay high court

The Bombay high court directed the Maharashtra government to pay Rs50,000 to a 35-year-old businessman from Chembur as compensation for being illegally detained by the Ahmednagar police for 33 hours.

The state must also refund the man’s litigation fees. (HT File)

On Wednesday, a division bench of justices SS Shinde and Mangesh Patil also directed the state to pay Sachin Sonawane interest at the rate of 8% per annum on the compensation amount from February 2015. The state must also refund the Rs10,000 Sonawane spent as litigation fees.

Sonawane said he married a Kopargaon resident in December 2010, following which they moved to Chembur. He said he lent his brother-in-law Rs5.80 lakh to buy a car. However,when he sought repayment two years later, his wife asked the local police to file a complaint. Sonawane and his family were booked under sections 498-A, 406, 323, 504, 50, 34 of the Indian Penal Code. On September 11, 2014, Kopargaon police came to Chembur and took Sonawane into custody.

He was taken to Kopargaon, but was presented before a magistrate there only at 3 pm on September 12. He thus approached the high court, saying he was illegally detained in police custody for about 33 hours.

The court accepted his claim. “This case is another example of how the state’s police machinery s either oblivious or emboldened to breach the fundamental rights of the citizens,” said the bench. It added that despite passing repeated orders regarding compensation for illegal detention, there was hardly any improvement in behaviour of police personnel.

“This court has come across similar violations of the rights of citizens guaranteed under Article 21 and 22 of the Constitution,” said the bench.

It said neither the state nor the police department had taken steps to set their house in order.