LI Network
Published on: February 1, 2024 at 13:00 IST
The Supreme Court has levied substantial fines on police officers found guilty of illegally detaining tenants, forcing them to sign documents, and orchestrating the demolition of premises without proper authorization.
The Court imposed hefty penalties of Rs. 50,000/- per Constable, Rs. 1,00,000/- for the Head Constable, Rs. 1.50 lacs for the Sub-Inspector, and Rs. 2.0 lacs for the Inspector, amounting to a total of Rs. 6.0 lacs for each case.
The fines were imposed due to the involvement of police officers in the wrongful detention of tenants and the unauthorized demolition of premises.
The Bench, comprising Justice Vikram Nath and Justice Satish Chandra Sharma, expressed dissatisfaction with the exoneration of police personnel who played a role in conspiring and abetting the illegal detention of tenants, coercing them to sign documents against their will, and demolishing the premises without a court order.
The dispute originated when Rajeev Ramrao Chavan sold the premises to five individuals in 2021. Subsequently, after Chavan’s alleged suicide in 2022, the tenants were implicated in a suicide note, resulting in a police complaint.
Although the police initially registered it as an accidental death without an FIR, the tenants were unlawfully detained for 24 hours while their premises were demolished. Forced to sign documents at the police station, the tenants later filed a complaint.
The dispute further unfolded when the deceased’s widow and brother reached a settlement with the subsequent purchasers, who compensated the tenants with Rs. 10 lacs each. The tenants filed affidavits expressing their decision not to pursue the complaint further. Based on this settlement, a plea was made to quash the proceedings arising from the two criminal complaints under Section 156(3) Cr.P.C.
The Bench observed that the continuation of the two criminal proceedings served no purpose once the complainant expressed an intention to withdraw the complaint. With the losses compensated, further investigation or trial was deemed futile.
The Court directed six police personnel to pay a cost of Rs. 6.0 lacs each for the two complainants. The amounts varied based on their ranks: Rs. 50,000/- per Constable, Rs. 1,00,000/- by the Head Constable, Rs. 1.50 lacs by the Sub-Inspector, and Rs. 2.0 lacs by the Inspector, totaling Rs. 6.0 lacs for each case.
These fines were to be deposited in the Armed Forces Battle Casualties Welfare Fund within four weeks, with proof submitted to the Court, Magistrate, and High Court within six weeks. Upon deposit, the proceedings of the two complaint cases would be quashed and closed.
The Court clarified that any observations or directions regarding compensation to tenants would not be treated as adverse to the police personnel’s interests concerning promotions or service records. Failure to provide proof of deposit within the stipulated time would lead to the dismissal of the petitions filed by the police personnel.
Thus, the Court allowed the Petitions.
Case Title: Shatrughna Atmaram Patil & Ors. v Vinod Dodhu Chaudhary & Anr. (2024 INSC 75)