Shocked by the manner in which the Delhi police inexplicably detained a man in their custody for half an hour, the Delhi High Court has ordered two police officials, responsible for the act, to collectively pay a compensation of ₹50,000 to the aggrieved man.
“This court is deeply troubled by the fact that the petitioner ( Pankaj Kumar Sharma) was not even arrested. He was simply picked up from the spot, brought to the police ptation and placed inside the lock-up for no rhyme or reason,” Justice Subramonium Prasad remarked on Wednesday, October 4, 2023.
Mr. Sharma had approached the court seeking compensation for his illegal arrest and detention in the police lock-up on September 02, 2022 at Police Station Badarpur.
The investigation in the case revealed that at about of 9:00 pm, one Kranti had a fight with a vegetable seller and, in the said fight, she got injured following which she came to the shop of Mr Sharma.
Mr. Sharma then called the police. However, when the police reached the spot, they picked him up and placed him in the lock-up.
Delhi police has admitted before the High Court that Mr. Sharma was picked up from the spot without an FIR against him, subsequently brought to the police ptation and placed in the lock-up.
Delhi police further stated that inquiry was initiated against Sub-Inspector Rajeev Gautam and Sub-Inspector Shamim Khan, and a punishment of censure has been imposed on them.
However, Justice Prasad was not convinced. “Court is troubled at the way the citizens are being treated by the Police authorities who behave as if they are above the law. A punishment of censure alone is not sufficient in the facts and circumstances of this case,” the judge said.
“The facts of the case reveal that, even though it was for a short period of time, the Petitioner was deprived of his personal liberty, a right protected under Article 21 of the Constitution of India,” Justice Prasad remarked.
The judge said, “The highhanded way in which the police authorities have acted, throwing to winds the constitutional and fundamental rights of a citizen, is appalling”.
“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,” the High Court said.
It said 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 censure should be of such nature that other officers too must not emulate such actions in future,” the High Court said while directing that the money for the compensation of ₹50,000 should be recovered from the salaries of the two officers.
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