Bombay High Court
The Bombay High Court declared the arrest of a Presidential Medal awardee police officer illegal due to improper investigation into a murder case and ordered the Maharashtra government to pay him compensation of Rs 2 lakh. The court also ordered an investigation against the Additional Superintendent of Police of Satara in this case.
In fact, the victim police officer had filed a petition in the High Court demanding dismissal of the charges against him and a compensation of Rs 10 lakh.
what was the problem
The victim, Patil, was the officer-in-charge of Karad town police station, Satara district, in 2009. During this period he investigated a murder. After his transfer, the investigation of this case passed to another police officer. In 2012, the then Superintendent of Police called him to his office to give him information related to this case.
When Patil reached the office, the police told him that he had been arrested for not conducting the investigation properly and destroying evidence. The next day, Patil appeared in court on remand, where he was released on bail. He later filed a petition in the High Court and claimed that he was detained illegally.
This is an extraordinary case
The division bench of Justice AS Chandurkar and Justice Rajesh Patil, while pronouncing the verdict in this case, said that the police officer was detained illegally. Terming this as an extraordinary case, the court said that the arrest of the petitioner was not mandatory, in this case bail could have been granted. The court also said that as per law, the petitioner should have been produced before the Superintendent of Police after his arrest.
right to compensation
The court said the petitioner had sought compensation on the basis of his arrest and stated that it constituted violation of Article 21 of the Indian Constitution. The court said Patil was awarded the Presidential Police Medal and the Director General of Police Badge for Meritorious Service in January 2004 for his meritorious service.
On this basis, the petitioner is entitled to receive compensation of Rs 2 lakh from the state government. The court has directed Patil to pay the compensation amount within eight weeks. Apart from this, the court said that the state government is free to recover this amount from the guilty officer.
