Jharkhand High Court Orders ₹5 Lakh Compensation to Man Unlawfully Detained by Police for 4 Months
In a recent ruling, the Jharkhand High Court has directed the State government to pay ₹5 lakh as compensation to a man who was wrongfully detained for a period of four months. The petitioner had been falsely implicated in a murder and rape case and was subsequently found not guilty of the charges. Seeking justice, he approached the High Court, demanding compensation and the filing of a First Information Report (FIR) against the responsible police officials.
Acknowledging that the petitioner had indeed been unlawfully arrested, Justice Sanjay Kumar Dwivedi emphasized the importance of his fundamental rights and the need for appropriate compensation.
"The petitioner's liberty and dignity, which are fundamental to his human rights, were endangered as he was taken into custody and subjected to public scorn despite being innocent. Such a situation calls for a public law remedy in the form of compensation for the violation of his fundamental rights as guaranteed under Article 21 of the Indian Constitution, protecting the right to life, personal liberty, and dignity," stated the court order.
The court granted the State the option to recover the compensation amount from the salaries of the erring police officers responsible for the petitioner's wrongful detention.
"While the compensation provided cannot fully restore the trauma and humiliation suffered by the petitioner, it will serve as solace and help him move forward in life, leaving the past behind," added the Court.
The petitioner had been charged with rape, murder, and other offenses under the Indian Penal Code. However, it was later discovered that the woman he was accused of assaulting and killing was alive, and no evidence was found against the petitioner in connection with the alleged crimes.
During the hearing, the petitioner's counsel revealed that both the petitioner and a co-accused had been subjected to brutal torture and coerced into confessing to the crimes they did not commit. The police acknowledged before the Court that the petitioner had been wrongfully apprehended and subsequently submitted a final report admitting their mistake. As a result, the petitioner was discharged by the court.
The Court expressed disappointment over the fact that the petitioner, who had a promising future ahead of him and had even cleared the Staff Selection Commission Exam, had suffered humiliation due to the negligent actions of the State Police.
"The cries of justice echo when one's self-respect is trampled upon by such insensitive acts. The petitioner, who had a bright career and had cleared the Staff Selection Commission Exam, was illegally kept in judicial custody from 14.02.2014 to 27.07.2014 for a crime he did not commit..."
The petitioner was represented by advocates Sumit Prakash, Ravi Shanker Prasad, and Akash Deep, while advocates Manoj Kumar and Deepankar represented the State. The legal team of the erring police officer comprised advocates Manoj Tandon, Neha Bhardwaj, and Adamya Kerketta.
Click Here to: Download/View Related File
TAGS: Jharkhand High Court State government compensation unlawfully detained four months not guilty false case murder rape First Information Report (FIR) police officials human rights Article 21 Constitution of India liberty dignity trauma humiliation society salaries erring police officers Indian Penal Code torture confession evidence discharge Staff Selection Commission Exam negligence self-respect bright career judicial custody advocates.
