The Delhi High Court awards 50,000 rupees in compensation.
The Delhi High Court has ordered two police officials, who committed the offence, to jointly pay the harmed man 50,000 in damages after being shocked by the way the Delhi police shockingly held a man in their custody for 30 minutes.
The Delhi High Court has ordered two police officials, who committed the offence, to jointly pay the harmed man 50,000 in damages after being shocked by the way the Delhi police shockingly held a man in their custody for 30 minutes.
The fact that the petitioner (Pankaj Kumar Sharma) wasn’t even arrested seriously upsets this court. Justice Subramonium Prasad said on Wednesday, October 4, 2023, “He was just carried up from the area, brought to the police station, and put inside the lock-up for no rhyme or reason.
Mr. Sharma had filed a lawsuit in order to receive compensation for his illegal imprisonment and detention at Police Station Badarpur on September 02, 2022.
Based to the inquiry into the incident, Kranti got into an argument with a vegetable vendor at around 9:00 p.m.; all through the duration of the battle, she was injured; as a result, she went to Mr. Sharma’s shop.
The police were then summoned by Mr. Sharma. But when police arrived, they took him up and took him to the jail cell.
The Delhi Police acknowledged in front of the Delhi High Court that Mr. Sharma was taken from the scene without an FIR being filed against him, brought to the police station, and finally locked up.
Sub-Inspector Rajeev Gautam and Sub-Inspector Shamim Khan were the focus of an inquiry, reported to the Delhi Police, and they were given an apology.
Justice Prasad, however, was not convinced. “The court is worried by how the police authorities treat the people, behaving as if they are above the law. In the facts and circumstances of this particular case, a censure alone is sufficient punishment, the judge ruled.
The facts of the case show that the petitioner was deprived of his personal liberty, a right protected by Article 21 of the Indian Constitution, even though it was only for a brief length of time.
The judge declared that it was “appalling” how hastily the police had behaved, tossing a citizen’s constitutional and fundamental rights to the wind.
Pursuant to the Delhi High Court, “the petitioner’s time in custody, even for a brief amount of time, cannot absolve the police officers who have deprived the Petitioner of his liberty without adhering to the proper legal procedure.” A censure penalty, it was stated, wouldn’t serve as a “sufficient deterrent to the officer” since it is likely to have any effect on the officers’ careers.
“The censure should be of such nature that other officers too must not emulate such actions in the future,” the High Court stated while directing that the
money for the compensation of ₹50,000 should be recovered from the salaries of the two officers.
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