Yesterday, On 7th October, The Bombay High Court ordered departmental action against a Mumbai Magistrate for authorizing the detention of a man without documenting the reasons for the arrest. The court emphasized that a magistrate must provide clear, recorded justifications when sanctioning detentions. Failure to do so, it noted, is a violation of legal protocol.
Mumbai: The Bombay High Court ruled on Monday that a Mumbai Magistrate is subject to departmental action for approving the detention of a man without providing documented reasons.
The court emphasized that magistrates have a responsibility to verify the legality of police custody before granting detention orders.
A bench comprising Justices Revati Mohite-Dere and Prithviraj Chavan instructed that the decision be submitted to the High Court’s Administrative Committee, chaired by the Chief Justice, for appropriate disciplinary measures against the magistrate.
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The judgment issued in response to a petition filed by social worker Alex, a resident of Chembur, who was arrested for alleged electricity theft despite having cleared all payments.
Alex’s legal representative, Nitin Satpute, contended that the arrest inflicted mental distress and social stigma on his client, arguing that it was arbitrary given Alex already informed the police about the payments made to Adani Electricity.
The court concluded that Alex’s arrest on January 29, 2020, unjustified, as he had cleared all outstanding payments by January 27. Despite this, he was placed in police custody without a proper evaluation of whether detention was necessary.
The bench criticized both the police and the magistrate, asserting that Alex’s detention lacked proper justification and demonstrated a failure to consider the case adequately.
The court stressed that,
“Magistrates must ensure that arrests are justified and grounded in facts rather than arbitrary actions by investigating officers.”
The court further ordered the state government to compensate Alex with Rs. 25,000, which will be recovered from the salaries of the officers responsible for his unlawful detention, following an inquiry.
Additionally, the court directed the Mumbai Police Commissioner to assign an officer of Deputy Commissioner rank or higher to investigate the conduct of the officers from RCF Police Station. Alex will have the opportunity to participate in the inquiry, which is required to be completed within eight weeks.
Unlawful detention refers to the illegal confinement or restraint of a person’s freedom without proper legal authority or justification. It occurs when someone is held in custody without following due process, such as when an arrest is made without sufficient reason, a valid warrant, or in violation of the person’s legal rights. This can result in serious consequences for the detaining authority, as it breaches fundamental human rights and legal standards. Courts often take strong action against unlawful detention to protect individual liberties.