Depriving person of liberty cannot be left to whims of Police Officer, Bombay HC directs cop to pay Rs. 2 lakh for illegal detention

Depriving person of liberty cannot be left to whims of Police Officer, Bombay HC directs cop to pay Rs. 2 lakh for illegal detention
Bombay High court, Nagpur BenchImage source: Indian Law Ministry

In a significant ruling, the Nagpur Bench of the Bombay High Court recently directed a Police Inspector to pay Rs 1 lakh each compensation to two petitioners (Rs. 2 lakh in total) for the illegal and high-handed action of putting them under preventive detention. The Court observed,

Depriving a person of his liberty guaranteed by Article 21 of the Constitution of India cannot be left to the whims and wishes of the police officer, and if it is permitted it would be conferring arbitrary and unbridled powers on the police officers / authorities.
Bombay High Court
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