In a stark admonition against police misconduct, the Bombay High Court recently addressed a case of wrongful arrest, underscoring the persistent issue of complaints against police officers being dismissed or ignored. The division bench, comprising Justice Bharati Dangre and Justice Manjusha Deshpande, awarded ₹1 lakh in compensation to a woman, Ratna Vannam, whose husband was illegally detained back in September 2012.
The incident stemmed from an altercation involving the couple’s house repair in a chawl in Mumbai’s Sion area, which was reported as an unauthorized construction by a neighbor. Despite the non-cognizable nature of the complaint, which typically does not warrant arrest, police detained the husband and several workers. The court highlighted that such actions were in violation of a directive issued in August 2013, which instructed police not to conduct preliminary inquiries against officers in cases not warranting detention.
Justice Dangre and Justice Deshpande expressed their dismay at the failure to adhere to this order, noting a troubling trend of negligence towards allegations against law enforcement. The court was particularly critical of the subsequent departmental inquiry that resulted in a mere ₹2,000 fine against the officer involved, Tukaram Jadhav, for procedural missteps, rather than addressing the substantive misconduct.
Further aggravating the situation, it was revealed that Officer Jadhav had not only arrested the individuals but also imposed arbitrary fines for their release, including a demand of ₹12,000 for the release of Vannam’s husband. These actions, the court noted, deviated significantly from the prescribed legal procedures and reflected an abuse of power.