Delhi High Court Slams Police for  Throwing to Winds Constitutional Rights - Orders Compensation for Illegal Detention

New Delhi, 5^th October 2023: The Delhi High Court Yesterday delivered a scathing judgment against police authorities for illegal arrest and detention of Pankaj Kumar Sharma, a resident of Delhi. The court stated that the police authorities “acted in a high-handed manner” and criticized them for “throwing to winds the constitutional and fundamental rights of a citizen.”

In the case Pankaj Kumar Sharma vs. Govt of NCT of Delhi & ORS, Mr. Sharma sought compensation for being illegally arrested and detained at Police Station Badarpur on September 2, 2022, without any formal arrest, FIR, or DD entry. The judgment came as a stern reminder to police authorities to adhere to due procedure and constitutional safeguards.

Justice Subramonium Prasad observed, “This Court is deeply troubled by the fact that the Petitioner was not even arrested. He was simply picked up from the spot, brought to the Police Station, and placed inside the lock-up for no rhyme or reason.”

The judgment also cited guidelines set by the Apex Court in the case of D K Basu vs. State of West Bengal, emphasizing the necessity of following proper procedure during arrests. It added that the authorities’ actions were “appalling” and that a punishment of censure alone was “not sufficient in the facts and circumstances of this case.”

The Court ordered compensation for Mr. Sharma, Invoking its public law jurisdiction and citing previous precedents where the violation of Article 21, guaranteeing life and personal liberty, had resulted in similar outcomes.

Legal experts believe that today’s ruling could serve as a significant deterrent against police misconduct and set a precedent for similar cases involving illegal detention and arrest.

Date of Decision: 05 OCTOBER, 2023

PANKAJ KUMAR SHARMA vs  GOVT OF NCT OF DELHI & ORS.