Bombay High Court awards damages for unlawful arrest by police

MUMBAI: A recent judgment of the Bombay High Court ruled in favor of a petitioner seeking damages ₹1 lakh for the wrongful arrest of her husband, condemning the arbitrary actions of a police officer involved.

The petition was filed by Ratna Chandrakant Vannam under Article 226 (power of the Supreme Court to issue certain writs) of the Constitution, against the wrongful arrest of her husband, Chandrakant Vannam. The court ruled that the arrest was unjust and an abuse of power and ordered the state to pay damages for the unlawful arrest and mental harassment inflicted on the family.

In September 2012, the couple carried out repairs to their hut in Siddharth Nagar, which had been damaged by heavy rains. Their neighbor, Jagadevi Surakant Bhagode, allegedly demanded this ₹20,000 to allow the repairs, threatening to use her connections to involve the police if they did not pay. The couple tried to file a complaint with the Wadala TT police station but Assistant Police Inspector (API) Tukaram Jadhav refused to register it, claiming it was a BMC case. Following this, Chandrakant Vannam and the laborers working on the hut were arrested on charges of ‘unauthorized construction’.

Lawyer Suvidha Patil, who represented Vannam, argued that API Jadhav had no grounds to arrest her husband and the workers without any reason. Moreover, Jadhav is said to have demanded a bribe ₹10,000 to solve the case. Patil pointed out inconsistencies in the station’s records and suspected that receipts for the fines paid had been fabricated.

On behalf of the state, DJ Haldankar, additional public prosecutor, argued that the structure posed a danger to Bhagode’s property and warranted police intervention. However, the court noted that the police had relied solely on Bhagode’s complaint without verifying the facts, reflecting bias and misconduct.

A division bench headed by Justices Bharati Dangre and Manjusha Deshpande found API Jadhav’s actions unjustified and noted that the arrest was made under improper facilities without due process. It criticized the Maharashtra Police for not conducting a thorough investigation and penalized Jadhav with a ₹ 2,000 fine for failing to file a required declaration when the couple complained, despite the serious allegations. The court underlined that police officers must exercise their power judiciously and that detention without reasonable grounds is a violation of rights. The court noted that Vannam’s detention was a clear example of abuse of power and ordered the Maharashtra government to compensate Vannam with ₹1,00,000/-, which can be recovered from those responsible, including API Jadhav.