The Bombay High Court has directed the Maharashtra government to pay ₹1 lakh in compensation to a Karnataka-based man who was illegally arrested and detained for nearly twenty days. A division bench of Justices Revati Mohite-Dere and Sandesh Patil found that the arrest was made without proper authorization and was based on a wrongful application of Section 409 (criminal breach of trust by public servant) of the Indian Penal Code.
The case involved two officers from the Bandra Police Station, Inspector Pradeep Kerkar and Police Sub-Inspector Kapil Shirsath. They initially sought permission to register an FIR under Sections 420 (cheating), 406 (criminal breach of trust), 465 (forgery), 477A (falsification of accounts), and 34 (common intention) of the IPC. However, they proceeded to invoke Section 409 without informing their superiors, leading to the man's arrest on October 23, 2024, and subsequent detention in police custody.
The Court observed that the officers deliberately circumvented the provisions of Section 41A of the Criminal Procedure Code by invoking a non-bailable offense, resulting in the petitioner's prolonged detention. The judges emphasized that such actions constitute a gross abuse of power and violate the individual's fundamental rights.
In its ruling, the Court stated, "Arrest brings humiliation, curtails freedom, and casts scars forever." It further noted that the Maharashtra government had failed to take appropriate action against the officers involved, leading to the imposition of the ₹1 lakh compensation. The Court also directed that the amount be paid within six weeks and warned of further legal consequences if the order was not complied with.
This decision underscores the judiciary's commitment to upholding individual rights and holding law enforcement accountable for unlawful actions. It serves as a reminder of the serious consequences of arbitrary arrests and the importance of adhering to legal procedures.
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