In a recent judgment, the Delhi High Court has ordered two police officers to pay a compensation of ₹50,000 for the illegal detention of a man, even if it was for a brief half-hour. The court emphasized the sanctity of personal liberty and the importance of adhering to due process.
Justice Prasad, while delivering the judgment, remarked,
“The time spent in the lock-up by the petitioner, even for a short while, cannot absolve the police officers who have deprived the petitioners of his liberty without following the due procedure established by law… This Court is of the opinion that a meaningful message must be sent to the authorities that police officers cannot be law unto themselves.”
The court was deeply concerned about the manner in which the individual was detained. Justice Prasad observed,
“This Court is deeply troubled by the fact that the petitioner was not even arrested. He was simply picked up from the spot, brought to the police station and placed inside the lock-up for no rhyme or reason. The highhanded way in which the Police authorities have acted throwing to winds the constitutional and fundamental rights of a citizen, is appalling.”
Highlighting the gravity of the situation, the court emphasized that a mere censure would not suffice as a deterrent.
“The censure should be of such nature that other officers too must not emulate such actions in future… In the facts of this case, even though the illegal detention of the Petitioner was only for about half an hour, this Court is inclined to grant compensation of ₹50,000 to the petitioner, which shall be recovered from the salaries of respondents No.4 and 5 [Sub-Inspectors Rajeev Gautam and Shamim Khan],”
the Court ordered.
This judgment underscores the judiciary’s commitment to upholding the fundamental rights of citizens and ensuring that law enforcement agencies act within the confines of the law.