LI Network
Published on: 01 October 2023 at 16:07 IST
The Bombay High Court has directed the Maharashtra government to provide Rs 2 lakh in compensation to a music teacher who was unjustly taken into custody by Tardeo Police officers for an offense that was bailable. In a court order, it was emphasized that as constitutional courts, they couldn’t ignore the serious abuse of law in this case and had a duty to rectify the wrong.
The case came to light when the music teacher’s wife sought his release through a habeas corpus petition, represented by advocates Kripashankar Pandey and Darshan Juikar.
The teacher informed the court that not only did the policemen use verbal abuse, but he was also subjected to humiliation, including being stripped naked while in custody.
The incident began when a 23-year-old woman, who was a student of the music teacher, filed a First Information Report (FIR) against him. The FIR, registered at Tardeo police station, accused the teacher of offenses punishable under sections 354(A) (sexual harassment) and 509 (insulting a woman’s modesty) of the Indian Penal Code.
The allegation centered on the teacher allegedly asking the student to watch a web series on an Over-The-Top (OTT) platform.
Despite the charges being bailable in nature, the music teacher was detained on July 17 and placed in a lock-up after a medical examination.
During extensive hearings, senior police officers issued an unconditional apology, but the bench of Justices Revati Mohite-Dere and Gauri Godse strongly criticized the actions of the police officers involved.
The court has ordered the compensation to be deposited before November 10.
Additionally, the Mumbai Police Commissioner has been instructed to appoint an Officer not below the rank of Deputy Commissioner of Police to conduct an inquiry into the conduct of the police officers at Tardeo Police Station and the Saat Rasta Lock-up. The music teacher and his wife will have the opportunity to present their side during the inquiry, which must be completed by November 24.
In addition to the compensation, the court has ruled that the amount should be recovered from the salary of those found responsible for the illegal detention and actions within the lock-up after a thorough inquiry.
The court has also instructed the Director General of Police, State of Maharashtra, and the Commissioner of Police, Mumbai, to issue appropriate guidelines and directions to police stations regarding bail in bailable offenses, based on the judgment and order.
