Bombay High Court orders ₹2 lakh compensation to music teacher illegally detained by Police

The Bombay High Court recently directed the Maharashtra government to pay ₹2 lakh as compensation to the family of a music teacher who was illegally detained by the Mumbai Police in connection with a bailable offence despite offering to pay the bail amount. [Neelam Nitin Sampat v. State of Maharashtra & Ors.].The Court also directed the State government to recover this compensation amount from the officers who would be found responsible for the illegal detention after an inquiry. .The man’s wife had approached the court with a habeas corpus plea claiming her husband had been arrested on allegations that he showed a pornographic video to his students. She claimed that her husband was detained overnight and illegally harassed while in the police lock-up, despite offering to pay the amount required for his release on bail. .On examining CCTV footage, Justices Revati Mohite Dere and Gauri Godse found that the man was detained the whole night in jail. “This is a case, where there is a gross violation of Nitin's right guaranteed to him under Article 21; his right to be released on bail in bailable offences; and a clear violation of the Apex Court judgments in the case of Arnesh Kumar and Satender Kumar,” the Court observed..The Court also found that the man was made to sign a bail bond after the police learnt that his wife had moved the High Court for relief. “The same ought to have been done earlier, before Nitin’s arrest and detention, when he offered to furnish bail. There was no justification for Nitin’s arrest, more particularly, when the offences were bailable and he had offered to furnish bail," the Court said..The Court proceeded to grant compensation in the matter since the man's rights were violated, although the wife had not prayed for such compensation in her petition. “The grave injustice caused to the petitioner’s husband, no doubt, cannot be compensated by money alone, however, granting some compensation and directing some action to be taken against the errant officers, would offer some solace/balm to the wounds, which the petitioner’s husband and his family has suffered,” the Court said.The Court added compensation is meant to also be a shield against such unlawful acts by the authorities. Any abuse or misuse of power by the State should attract consequences, the Court underscored in its September 29 judgment. .The man had been booked by Malad police station under Sections 354A (outraging modesty of a woman) and 509 (insulting modesty of a woman) of the Indian Penal Code. The case was later transferred to Tardeo police station, where the alleged incident took place.The wife claimed that her husband had approached the Tardeo police station with his lawyer when he was arrested and made to stay in lock up for the whole night. Once there, her husband was allegedly asked to strip and sit in the lockup with other criminals for a bailable offence, the wife submitted. .The Court directed the Mumbai police Commissioner to appoint an officer, not below the rank of Deputy Commissioner of Police, in order to conduct an inquiry into the conduct of the police officers during the incident..Advocate Kripashankar Pandey appeared for the wife. Additional public prosecutor PP Shinde appeared for State. .[Read Judgment]