Chhattisgarh HC Orders State To Pay Rs. 1 Lakh Compensation For Wrongful Detention To Man Sharing Same Name As Accused
|The Chhattisgarh High Court furious by the great harm done to the petitioner who had to spend almost 8 months in jail after he was wrongly arrested by the police on a wrong identity directed the State government to pay a compensation of Rs. 1,00,000/-.
The Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey also acknowledged the careless act of the erring police officers, and action was directed against them by the concerned Superintendent of Police.
In this writ petition, the petitioner sought various reliefs, including compensation for illegal detention and action against the police officers responsible. The petitioner was wrongfully detained for 7 months and 26 days, as the court had found that he was not involved in the criminal case against a person with a similar name. The State accepted the illegal detention and initiated a departmental inquiry against the guilty officer, who later passed away during the inquiry.
Advocate Praveen Dhurandhar appeared for the Petitioner and Dy. A.G. Madhunisha Singh appeared for the Respondents.
After hearing both parties and examining the material on record, the Court referred to the case of Rudul Sah v. State of Bihar, where it was held that the right to compensation is a significant aspect of Article 21 (right to life and liberty) of the Indian Constitution.
The Court decided to award compensation of Rs. 1,00,000/- to the petitioner for the wrongful detention caused by the State authorities within two months.
In conclusion, the writ petition was disposed of with the above direction to provide compensation to the petitioner for the illegal detention.
Cause Title: Podiyaami Bhima v. State Of Chhattisgarh & Ors.
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