Delhi HC Orders Rs50,000 Compensation over Illegal Detention of a Man; To Be Recovered from Salaries of 2 Sub-Inspectors

Moneylife Digital Team 06 October 2023

Economy & Nation

Coming down heavily on the Delhi police for illegally detaining a person for half an hour, the Delhi high court (HC) directed the police to pay Rs50,000 as compensation and recover the money from the salaries of the two errant sub-inspectors on duty at that time.

In an order, the bench of Justice Subramonium Prasad says, "In the facts of this case, even though the illegal detention of the petitioner was only for about half an hour, this Court is inclined to grant compensation of Rs50,000 to the petitioner, which shall be recovered from the salaries of officers who detained the man."

The time spent in the lock-up by the person, even for a short while, cannot absolve the police officers who have deprived him of his liberty without following the due procedure established by law, the HC says.

According to the bench, 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 in this case. "The censure should be of such nature that other officers too must not emulate such actions in future. This Court is of the opinion that a meaningful message must be sent to the authorities that police officers cannot be a law unto themselves," Justice Prasad says.

On 2 September 2022, an injured woman came to the shop run by one Pankaj Kumar Sharma, saying she had been stabbed. Mr Sharma called and informed the police about this. However, Delhi police picked up Mr Sharma and put him in the lock-up at Badarpura police station.

The HC observed that Mr Sharma was not even arrested as per the procedure. He was just picked up from the spot and placed in the lock-up without any reason, the bench says, adding, "The highhanded way in which the police authorities have acted, throwing to winds the constitutional and fundamental rights of a citizen, is appalling."

The HC says it is troubled at how citizens are 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."

Comments

User

smanish.shah

1 year ago

whats the use ? This has been going on since time Britishers have ruled our country. As a retired Police Commissioner said in one of Aamir Khans show Police are hound dogs and tools for Politicians to control and rule with fear. Unless there is a fundamental change coming from people themselves by electing representatives who commit themselves to clear up the Police and Judicial system, there is no hope.