‘Consider paying Rs 5,000 a day for illegal detention’

The Maharashtra police may have to shell out Rs 5,000 per day for illegally detaining anyone, as proposed by the Bombay High Court on Saturday.

The Maharashtra police may have to shell out Rs 5,000 per day for illegally detaining anyone, as proposed by the Bombay High Court on Saturday.

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The division bench of Justice J.N. Patel and Justice Amjad Sayed asked the government to recover the amount from the officer concerned.

“The amount should be recovered from guilty officers, who have by misleading the courts, detained these persons and misused the power,” remarked Justice Patel.

The high court has directed additional chief secretary (Home) to file its reply on an affidavit by January 14, 2010, after which the court will pass a final order.

Justice Patel remarked that police should not arrest a person in a non-cognisable offence. If arrested, he or she should be released on bail immediately. “Even magistrates are bound to release them on personal bond,” remarked Justice Patel.

Public Prosecutor (in-charge) Pandurang Pol submitted minutes of the meeting held by the Home department and the

jail authorities, where they blamed the magistrates for granting remands to these accused.

After going through the minutes, Justice Patel said, “Magistrates don’t grant remand unless the investigation officers ask for it. You should make your officers and your prosecutors (in lower courts) more efficient. You cannot simply blame the judiciary.”

The cases of illegal detention came under the high court scanner following a bail application filed by an accused, Shivaji Gawade-Patil, in February 2009.

The HC was then informed that there were several such accused who were not released even after getting bail as they cannot furnish a bond.