Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
The petitioner – journalist was arraigned as accused in FIR registered with Vakola Police Station on 15.1.2022, for offences under Section 384 and 506 of IPC. On the same day, the petitioner was arrested on the same day and produced before the holiday Court of Additional CMM on 16.1.2022.
The Magistrate found that the arrest was without following guidelines of giving notice under Section 41A of Cr PC and therefore, remanded the petitioner to MCR. The say of the Assistant Police Prosecutor was called. However, he was not present. The petitioner remained in jail till 18.1.2022.
Salus populi est supreme lex “the safety of the people is the supreme law”.
HELD that the offence is not serious and the notice under Section 41A of the Cr PC as a condition precedent to arrest was not given. Separate reasons as to why arrest was so necessary were not recorded. Moreover, although the Magistrate found that arrest was illegal, accused was sent to custody for want of say of A.P.P. Therefore, arrest as also detention in policy custody / jail for three days was not only unwarranted and illegal. The petitioner was, therefore, deprived of his fundamental right to life and liberty under Article 21 of the Constitution of India. Direction to the Commissioner of Police, Mumbai, to hold inquiry against the police officer(s) and the State to pay compensation of Rs.25,000/- to be recovered from the police officer(s) found responsible for arrest of the petitioner without following process of law.
