NEW DELHI: The Delhi High Court has ruled in favor of a man who was unlawfully detained by city police officers in a lock-up for approximately half an hour, deeming the conduct of the officials "appalling" in their treatment of citizens.
In an effort to convey a "meaningful message," Justice Subramonium Prasad ordered a compensation of Rs 50,000 to be granted, with the funds to be deducted from the salaries of the responsible police officials.
The court noted that the authorities had acted in a high-handed manner, disregarding the petitioner's personal liberty and failing to follow due legal procedures. The petitioner had been arbitrarily apprehended and placed in a lock-up without just cause.
The court stated in its October 5 order, "The time spent in the lock-up by the Petitioner, even for a short while, cannot absolve the police officers who have deprived the Petitioner of his liberty without following the due procedure established by law."
The court emphasized the importance of sending a clear message to authorities that police officers are not above the law. In this case, despite the petitioner's illegal detention lasting only around half an hour, the court decided to grant compensation of Rs 50,000 to the petitioner, to be recovered from the salaries of the fourth and fifth respondents.
The petitioner's complaint stemmed from an incident in September of the previous year when he was unlawfully detained in a lock-up by local police without any formal arrest following a complaint about a dispute between a woman and a vegetable seller. He sought compensation for the violation of his personal liberty.
The court underscored that the petitioner had been taken into custody without an FIR against him, which contravened his right to personal liberty as outlined in Article 21 of the Constitution of India.
Expressing deep concern over the situation, the court criticized the police authorities for their high-handed actions, which disregarded the constitutional and fundamental rights of a citizen. It remarked, "This Court is troubled at the way the citizens are being treated by the Police authorities who behave as if they are above the law."
The court also noted that a mere censure would not suffice in this case, given that it was unlikely to have any impact on the career of the police officers and therefore would not serve as an adequate deterrent.
