Bombay High Court Awards ₹1 Lakh for Illegal Arrest, Criticizes Police Misconduct

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.

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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.

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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.

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