LI Network
Published on: October 6, 2023 at 11:18 IST
The Delhi High Court has awarded compensation of Rs. 50,000 to an individual who was unlawfully detained for approximately half an hour in a Delhi Police lockup without any valid reason.
The court has strongly criticized the behavior of the police officers involved, emphasizing that this ruling should convey a clear message that police officers cannot act above the law.
Justice Subramonium Prasad has directed that the compensation amount be deducted from the salaries of two Sub-Inspectors from the Badarpur Police Station, who were responsible for bringing the man and placing him in the lockup.
“The time spent in the lock-up by the Petitioner, even for a short while, cannot absolve the police officers who have deprived the Petitioners of his liberty without following the due procedure established by law. A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in the future,” the court emphasized.
This case revolved around a man’s plea for compensation following his illegal detention in a police lockup in September of the previous year. The incident was triggered by a complaint received at the police station alleging that a woman had been attacked by a vegetable vendor.
The complaint led to the involvement of a sub-inspector who arrived at the scene and found the petitioner alongside a female.
The petitioner claimed that he was placed in the lockup at 11:01 PM and released at 11:24 PM without any formal arrest, FIR, or DD entry.
In its ruling, Justice Prasad stated that the authorities had acted in a high-handed manner, disregarding the petitioner’s liberty and detaining him without adhering to the established legal procedures or principles governing arrests.
“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 high-handed way in which the Police authorities have acted, throwing to winds the constitutional and fundamental rights of a citizen, is appalling,” the court remarked.
Furthermore, the court expressed its concern about how citizens are treated by the police, suggesting that some police authorities believe they are above the law.
In light of the circumstances, the court ordered the compensation of Rs. 50,000 to be paid to the petitioner.
This judgment underscores the importance of upholding citizens’ rights and ensuring that law enforcement officers act within the boundaries of the law, even in situations where no formal arrest has been made.
