Mumbai: The Bombay High Court recently directed Union Territory of Daman and Diu, and Dadra and Nagar Haveli to pay Rs. 4 lakh as compensation to an editor of a daily for illegally handcuffing him in public and parading him on the streets.
A Division Bench of Justice Abhay Oka and Justice A. A. Sayed was hearing a plea filed by Satish Banwarilal Sharma, the managing editor of Sawera Times on July 2, 2009.
Mr. Sharma claimed he wrote various articles that exposed alleged misdeeds of a former administrator of Union Territory of Daman and Diu, and Dadra and Nagar Haveli.
He claimed that the administrator, seeking revenge for the articles, filed a FIR under Section 384 (punishment for extortion), Section 504 (intentional insult with intent to provoke breach of peace) Section 506 (punishment for criminal intimidation) the Indian Penal Code against him.
Police arrested Mr. Sharma on June 30, 2009, and handcuffed him on the streets of Daman. An enquiry was ordered into the incident after Mr. Sharma sent a legal notice to the administrator and concerned police authorities, seeking a compensation of Rs. 1 crore. However, the enquiry stated that the incident could not be proved to have taken place.
Mr. Sharma then complained about the incident to the Press Council of India, which led to another enquiry headed by Principal District and Sessions Judge of Dadra and Nagar Haveli. The judge concluded that the incident did take place.
Mr. Sharma then moved High Court for compensation of Rs. 5 crore and sought departmental action for misconduct of the erring officers.
The court held that the administrator had violated the fundamental rights of Mr. Sharma. It directed the Union Territory to fix responsibility for the illegality by initiating an enquiry in the incident.
The High Court also directed the Union Territory to pay compensation of Rs. 4 lakh within a period of two months, and added that if it fails to pay the amount within the stipulated time, an interest of 9 per cent will be levied.
The Bench, however, gave Mr. Sharma the liberty to file a suit for additional compensation. The court also imposed Rs. 25,000 as cost to be paid to Mr. Sharma for litigation.
