Illegal Detention By False Implication In NDPS Case Amounts To Abuse Of Power: Calcutta HC Directs State To Pay ₹2 Lakhs Compensation

While observing that mother of an accused has a right to approach the constitutional court for protection of the right to dignity and personal liberty guaranteed to her son under Article 21 of the Constitution and to uphold the dignity of the family members, the Calcutta High Court held that every accused and his next of kin have a right to expect a free and fair investigation and therefore if the State becomes a lawbreaker, the writ court should not hesitate to compensate for the laches and the lapses.

Highlighting that as a sentinel of the constitution, the writ court can enquire into a citizen's complaint of infringement of fundamental rights enshrined under Article 21 of Constitution of India, a Single Judge Bench of Justice Shampa Sarkar observed that “Court can mold the relief and award compensation to the affected parties for various lapses and for failure of the State to uphold the dignity and personal liberty of an individual, as enshrined in Article 21 of the Constitution”.

Senior Advocate Pratik Dhar appeared for the Petitioner, whereas, Deputy Solicitor General Billwadal Bhattacharyya appeared for the Respondent.

In a nutshell, the present petition had been preferred by a mother who alleges that her son (Vishal – accused) in case registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), was a victim of police atrocities and was subjected to abuse of power by the police when he was illegally detained in police station. It was further alleged that due to political reasons the police officers being hand in gloves with the ruling dispensation in the State of West Bengal, had forcefully taken accused into custody, and was falsely implicated in a criminal case. Hence, present petition seeking enforcement of the right to personal liberty and dignity guaranteed under Article 21 of the Constitution, as the police authority subjected not only her son but also the family members to social embarrassment.

After considering the submissions, the Bench said that right to life and personal liberty and the right to dignity enshrined under Article 21 of Constitution of India have a much wider connotation and the right to fair and impartial investigation is an important ingredient of such right.

“The writ court can enquire as to whether there had been any violation of Vishal’s right to personal liberty, and human dignity, by the overt actions of the police authorities. Dignity of the family members is also a guaranteed right”, added the Bench.

While stating that police cannot arrest a person merely on an apprehension of the breach of peace or on an apprehension that an offence was likely to be committed, the High Court elucidated that in the absence of any input from the arresting officer to show that the accused person was designing to commit any cognizable offence, curtailment of the liberty of accused by arresting him, demonstrates abuse of power by the police.

Since the sequence of events and the discrepancies clearly indicate that the police authorities failed to discharge their duty in accordance with law, the Bench observed that the anxiety and endeavor of the Court should be to remedy an injustice when it was brought to its notice rather than deny relief to an aggrieved party on purely technical and narrow procedural grounds that neither the registration of the FIR under Section 21(c) of the NDPS, nor the investigation by the police, were the subject matters of this proceeding.

Therefore, while concluding that award of compensation in a proceeding under Article 226 of Constitution is a remedy available in public law, based on strict liability, for contravention of law and for violation of fundamental rights, the High Court awarded compensation of Rs.2 lacs to the entire family for the stigma, social embarrassment and indignity suffered by each of them.

“Such compensation is “a balm on the wound” for violation of human dignity and for the failure of the police to instill confidence that the investigation was fair, impartial and a quest for the truth”, added the Court.

Cause Title: Sunita Shukla v. State of West Bengal and Ors.

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