HC orders Rs.50k compensation for wrongful handcuffing of duo in 2010
MUMBAI, April 24 -- The Bombay High Court has directed the state government to pay Rs.50,000 each in compensation to a lawyer and an ex-serviceman who were handcuffed by police, observing that the act amounted to unwarranted humiliation and a violation of their dignity.
A division bench of justices Urmila Joshi-Phalke and Nivedita Mehta held that law enforcement authorities must uphold not only legal procedure but also the rights and dignity of individuals.
The court ordered the compensation to be paid within eight weeks to advocate Yogeshwar Kawade and former serviceman Avinash Date, observing that the duo was subjected to an "unwarranted humiliation and indignity which cannot be done to any citizen of India" and hence they were entitled to compensation.
According to their petition, the two had visited the Talegaon Police Station in Amravati district in August 2010 to file a complaint against a man who allegedly damaged Date's car. The man, however, lodged a cross-complaint claiming they manhandled and threatened him.
Based on this, the police allegedly detained Kawade and Date after midnight, forced them to strip, and made them sit in their undergarments. The following day, they were handcuffed and taken by a state transport bus to a magistrate's court, where they were granted bail.
The petitioners argued that the police action was illegal and defamatory, pointing out that they were neither habitual offenders nor hardened criminals, making the use of handcuffs unjustified. While the superintendent of police, Amravati, submitted that departmental action had been taken against the erring officers, the high court held that such measures alone were insufficient.
While the superintendent of police, Amravati, submitted that action had been taken against the erring officers, the court held that such measures alone were insufficient. "To repair the wrong done and provide judicial redress for a legal injury is a compulsion of judicial conscience," the court observed....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.