In a significant judgment underscoring the importance of personal liberty and due process, the Bombay High Court declared the arrest and detention of journalist Abhijit Arjun Padale as illegal. The court directed the State of Maharashtra to compensate Padale with ₹25,000 for the violation of his fundamental rights, emphasizing that arrests must not be made in a “routine manner” without proper justification.
Background of the Case
The case, Abhijit Arjun Padale vs. State of Maharashtra (Writ Petition No. 1197 of 2022), was heard by a division bench of Justice Revati Mohite Dere and Justice Shyam C. Chandak. Abhijit Padale, a 47-year-old journalist residing in Thane, was arrested on January 15, 2022, under FIR No. 24 of 2022 registered at Vakola Police Station. The charges against him were under Sections 384 (extortion) and 506 (criminal intimidation) of the Indian Penal Code (IPC), based on a complaint by Mohd. Akil Siddhique, who alleged that Padale demanded money from roadside vendors and threatened them with municipal action if his demands were not met.
Important Legal Issues
Padale’s legal team, represented by Mrs. Medha Jondhale and her associates from Jondhale & Co., argued that his arrest was conducted in blatant disregard of established legal protocols, specifically the guidelines set by the Supreme Court in Arnesh Kumar vs. State of Bihar. These guidelines require police to provide justifications for arrest and to serve notice under Section 41A of the Criminal Procedure Code (CrPC) in cases where the alleged offense is punishable by imprisonment of up to seven years.
The court observed that the police failed to serve a notice under Section 41A of the CrPC before arresting Padale, despite the offense being of a non-serious nature with a maximum punishment of less than seven years. Furthermore, the arrest was carried out without recording the necessary reasons, violating the mandatory conditions laid out under Section 41 of the CrPC.
Court’s Decision
The court strongly criticized the conduct of the police and the judicial process that followed Padale’s arrest. It highlighted the lack of adherence to procedural safeguards and emphasized that arrests must not be made as a routine response but must be justified by specific reasons. Justice Shyam C. Chandak, delivering the judgment, quoted the Supreme Court’s observation from Arnesh Kumar, stating, “Arrest brings humiliation, curtails freedom and casts scars forever.”
The bench noted that Padale was detained without proper justification, which amounted to a serious violation of his fundamental rights under Article 21 of the Constitution. The judgment further underscored that the police officers failed to exercise due care and caution, resulting in Padale’s unjustified detention for three days—from January 15, 2022, to January 18, 2022.
Court’s Observations
The court observed, “No arrest can be made in a routine manner on a mere allegation of commission of an offense made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation.”
Compensation and Further Directions
In its order, the court directed the Commissioner of Police, Mumbai, to initiate a departmental inquiry against the officers involved in Padale’s arrest, to be conducted by an officer not below the rank of Deputy Commissioner of Police. The inquiry must be completed within eight weeks, with Padale to be heard in the process. The State was also ordered to pay Padale a compensation of ₹25,000, which should be recovered from the responsible officers after the inquiry.
Additionally, the court took note of the judiciary’s role in safeguarding individual liberties and forwarded a copy of its judgment to the Additional Chief Metropolitan Magistrate who initially handled Padale’s case, highlighting the judicial responsibility in authorizing detentions.
Parties Involved
– Petitioner: Abhijit Arjun Padale, represented by Mrs. Medha Jondhale and her legal team from Jondhale & Co.
– Respondents: The State of Maharashtra, represented by Mrs. P. P. Shinde, APP, and various police authorities including the Commissioner of Police, Mumbai, and officers from Vakola Police Station.
