Illegal Arrest: Bombay High Court Orders Rs 5 Lakh Compensation
Image: Wikimedia Commons
The Bombay High Court on Thursday, 22 October, ordered the State of Maharashtra to pay Rs 5 lakh within two weeks to a Mumbai man arrested unlawfully in 2017, and directed action against the police officers and the magistrate who approved his remand. A division bench of Justice Ajay Gadkari and Justice Kamal Khata gave the order while disposing of Writ Petition 4458 of 2017, filed by Bipin Satish Chandra Agrwal, a resident of Walkeshwar.
Suspension Sought for Officers, Magistrate Referred to Committee
The court told the State to start strict action against the officers concerned, including immediate suspension, and said it may recover a share of the compensation from their salaries. The Registry has been asked to place the judgment before the High Court’s Administrative Committee, which will decide what action to take against the magistrate or magistrates who passed the remand orders. The petition was disposed of.
Arrested Moments After Taking an Advance
According to the judgment as reported, Agrwal was the constituted attorney for his mother-in-law, who owned a flat in a society undergoing redevelopment. He and the developer disagreed on the price; he wanted Rs 1.64 crore. The developer gave him Rs 2 lakh as an advance, and police entered the office moments later and arrested him. The developer then lodged a case alleging extortion.
The bench found from the record that several documents were fabricated to portray him as an extortionist and history-sheeter. He spent about 26 days in custody, six with the police and 20 in judicial custody. Remand orders were passed by a Mumbai magistrate on 5, 8 and 10 August 2017. The offence cited, Section 384 of the IPC, carries a maximum of three years, and the court said the police did not show they had followed Section 41-A of the CrPC, which requires a notice of appearance in such cases.
Two Weeks to Pay
The State must pay within two weeks, and the High Court’s Administrative Committee has yet to decide on the magistrate. The order does not name any new hearing date, since the petition has been disposed of.
Related: Bombay HC orders police SOP on firecrackers and sound systems, and more in Daily Updates.
Source: Bombay High Court judgment in Bipin Satish Chandra Agrwal vs State of Maharashtra. Also based on reporting by LiveLaw.
Image: Wikimedia Commons.
