Directed to Maharashtra Police to Pay Two Lakh Rupees for Unlawful Detention - Bombay High Court

In a landmark judgment, the Bombay High Court has taken a strong stance against unlawful arrests and detention, emphasizing the importance of individual rights and dignity and Directed to Maharashtra police to pay Two Lakh Rupees for unlawful detention. The court awarded compensation to a petitioner who had suffered illegal detention, sending a clear message that justice must prevail even against the backdrop of police high-handedness.

The High Court, in its observation, stated, "Deprivation of liberty even for a single day is one day too many." This underscores the significance of personal freedom and the court's commitment to protecting citizens' rights.

The case revolved around the unlawful arrest and detention of Nitin Sampat, who was detained in bailable offenses but sent to Saat Rasta Lock-up and made to stay there overnight. The court noted that this violated Nitin's right guaranteed under Article 21 of the Constitution, which guarantees the right to live with dignity.

The judges further criticized the police's lack of knowledge of legal provisions and judgments regarding granting bail, highlighting their insensitivity to fundamental rights. They stressed that the emphasis should be on granting bail, even in non-bailable offenses, except in heinous cases.

While accepting an unconditional apology from the police officers involved, the court made it clear that it deemed it necessary and imperative to award costs to Nitin for the officers' brazen acts. The court's order includes compensation of Rs. 2,00,000/- to be paid to Nitin within six weeks and the appointment of an inquiry officer to investigate the incidents and conduct of the police officers involved.

In addition, the court directed the State to issue appropriate guidelines/directions to Police Stations concerning the grant of bail in bailable offenses, emphasizing the need for the protection of citizens' constitutional rights.

This judgment serves as a reminder that justice, accountability, and the protection of individual rights must always be at the forefront of legal proceedings, even when the violators are state instrumentalities.

Date of Decision: 29 September 2023

Neelam Nitin Sampat   vs State of Maharashtra