Delhi High Court Grants Rs. 50k Compensation In Half-Hour Unlawful Detention Case; Directs For Deduction Of Amount From Police Officers' Salaries
The Delhi High Court has awarded compensation of Rs. 50,000 to a man who was illegally detained by Delhi Police for half an hour at Badarpur Police Station.
A Bench of Justice Subramonium Prasad said, “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 Court ordered that the compensation amount should be recovered from the salaries of sub-inspectors responsible for the petitioner's detention. The Court emphasized that police officers cannot act above the law and stressed the need to send a strong message to the authorities.
Advocate Dhruv Gupta appeared for the Petitioner and Advocate Hetu Arora Sethi appeared for the Respondents.
The petitioner had been picked up without an FIR and placed in the lock-up without following proper procedures after he reported a stabbing incident involving a woman at his shop.
The Court noted the violation of the petitioner's personal liberty under Article 21 of the Constitution and criticized the high-handed actions of the police authorities. It added, “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 said, “A punishment of censure alone is not sufficient in the facts and circumstances of this case.”
The Court held, “In the facts of this case, even though the illegal detention of the Petitioner was only for about half an hour, this Court is inclined to grant compensation of Rs.50,000/- to the Petitioner, which shall be recovered from the salaries of Respondents No.4 and 5. “
Cause Title: Pankaj Kumar Sharma v. Govt. of NCT Of Delhi & Ors.
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