Jharkhand High Court directs State to pay ₹5 lakh compensation to man who was illegally detained by police for 4 months

The Jharkhand High Court recently directed the State government to pay compensation of ₹5 lakh to a man who was unlawfully detained for four months and subsequently released after being found not guilty of the offence he was arrested for. [Ajit Kumar v. State & Ors].The petitioner was detained from February to July in 2021 in a false case of murder and rape registered against him. After his release, he moved the High Court seeking compensation and registration of a First Information Report (FIR) against the police officials responsible for this misconduct. Given that the police admitted that the petitioner was unlawfully arrested, Justice Sanjay Kumar Dwivedi noted that there was a valid claim for compensation."The liberty and dignity of the petitioner, which are basic to his human rights were jeopardized, as he was taken into custody and, eventually, despite all the glory of the past, he was compelled to face cynical abhorrence and this situation invites the public law remedy for grant of compensation for violation of the fundamental right, envisaged under Article 21 of the Constitution of India for saving the life command, self-respect and dignity," the order stated..The Court left it open to the State to recover the said compensation from the salaries of the erring police officers whose actions led to the petitioner languishing in jail."The trauma, already faced by the petitioner as well as humiliation in the society that cannot be restored by way of said compensation, however, that compensation will console to the petitioner to forget the past and take the life onwards in future," the Court added..The petitioner was booked for rape, murder and other offences under the Indian Penal Code. It was alleged that he had raped and killed a woman and then burnt her body.During the hearing, counsel for petitioner submitted that the petitioner and co-accused were brutally tortured and asked to confess that they raped and killed the girl. He also pointed out that the woman was found to be alive later and that no iota of evidence was found against his client for commission of any crime..Before the Court, the police admitted that the petitioner was apprehended for a crime that he did not commit. The police later submitted a final report acknowledging its mistake, and the petitioner was subsequently discharged by the court.The Court remarked,"If the police officers had been little more careful in discharge of their duties, the petitioner would not have been deprived of his liberty. Police is the main stay of the Administration of the State. It has a duty to ensure that outlaws are firmly dealt with in accordance with law.".The Court also lamented the fact that the petitioner had a bright future ahead of him prior to his arrest, having completed the Staff Selection Commission Exam. However, the lackadaisical attitude of the State Police in arresting him caused him humiliation."The cries of the human justice when he feels that the insensible act has crucified his self-respect and the petitioner, who was having a bright career and completed Staff Selection Commission Exam, thus the petitioner was illegally kept in judicial custody between 14.02.2014 to 27.07.2014 period for a crime, which has not been committed by this petitioner...".Advocates Sumit Prakash, Ravi Shanker Prasad and Akash Deep represented petitioner.Advocates Manoj Kumar and Deepankar represented State.Advocates Manoj Tandon, Neha Bhardwaj and Adamya Kerketta represented the erring police officer..[Read Order]