Anushka Mansharamani
On 22nd December, the Patna High Court granted Rs. 5 Lakh as compensation to a truck driver, Jitendra Kumar, who was kept in custody for more than 35 days illegally by the Patna Police.
A bench comprising Justice S. Kumar and Chief Justice Sanjay Karol observed that the Police authorities violated the procedure established by law as Jitendra Kumar was illegally detained and kept in custody without the filing of a First Information Report (FIR) and non-adherence to the procedure for arrest.
Therefore, the court observed that the police authorities violated Article 21 and Article 22 of the Constitution of India, stating that,
“The State of Bihar shall pay compensation to the detenu, namely, Mr. Jitendra Kumar @ Sanjay Kumar, an amount of Rs.5,00,000/- (Rupees Five lac) for the violation of his fundamental right under Article 21 of the Constitution of India. This amount shall positively be paid within a period of six weeks from today.”
The court observed that the truck drivers have a lot of pressure in terms of making ends meet as they have to complete long journeys in a short period with the lack of sleep, infrastructure, and food.
They further are at constant odds with the concerned authorities while protecting themselves from highway robberies that take place.
Therefore, the court stated that there should be an improvement in the conditions of the drivers and proper protocol and protection should be given to the truck drivers.
The bench observed that the truck drivers are one of the most vulnerable sections of society and are undeniably invaluable to the prosperity and development both of the State and the Nation.
The court instructed the State of Bihar to improve the standard of living and take care of the health, payment, and literacy of the truck drivers.
The petition was filed by Jitendra Kumar’s owner, who alleged that illegal detention of the vehicle (milk tanker) and the truck driver had taken place without the lodging of an FIR. He also stated that there was an absence of following the procedure established by law.
As per the police, the arrest took place due to an accident that injured a pedestrian. Further stating that the detenu had fled the accident spot.
The police stated that as they could not track the injured person, the FIR was not filed, and that the driver was not detained unwillingly as he sat inside the vehicle parked.
According to the detenu, the vehicle was seized in the jurisdiction of the Parsa Police Station and then taken to a dairy where the milk was extracted and then detained at the police station where Jitendra Kumar was detained in extra-judicial custody.
The court thereby observed that “The vehicle and detenu were detained and kept in police custody for more than 35 days without either filing of FIR or following any other procedure of arrest prescribed in law, ensuring constitutional protections to all persons.”
The court finally held that the illegal detention infringed the truck driver’s Right to Personal Liberty under Article 21 of the constitution of India and therefore is entitled to compensation as per the law.
