Bombay HC conditionally arrests police officer illegal, orders state to pay ₹2 Lakh compensation

On By Pranco

Mumbai: The Bombay High Court has termed the arrest of a constable, recipient of the President’s Police Medal, in a murder case as “illegal” and directed the Maharashtra government to pay Rs 2 lakh as compensation for violating his fundamental rights.

The HC passed the order while hearing a petition by Sambhaji Patil seeking inquiry against Additional Superintendent of Police Satara, who had arrested him. Patil was arrested in 2013 for allegedly destroying evidence and filing a faulty report in a 2009 murder case he was investigating. He was released on bail the next day.

The court criticized the abuse of arrest powers, noting that the offenses were bailable and did not require immediate arrest. The court observed: “A case has been filed by the petitioner seeking damages in public law on account of his illegal arrest resulting in violation of his fundamental rights under Article 21 of the Constitution of India,” a bench said of judges AS. Chandurkar and Rajesh Patil said this on November 25.

Patil, who served as officer in charge of Karad police station in Satara district during the 2009 investigation, had been asked by Additional Superintendent of Police Satara in 2012 to explain his investigation. When he appeared before the officer in March 2013. , he was arrested without knowing the grounds. Patil alleged that he was illegally detained for a day and was involved in the case.

The court emphasized that the arrest was neither prudent nor coercive, adding that Patil was entitled to compensation for the violation of his rights. Noting his exemplary performance, including receiving the President’s Police Medal and the Director General of Police Insignia in 2004, the court ordered the state to pay Rs2 lakh within eight weeks. It also allowed the government to recover the amount from the officer found guilty of dereliction of duty.

The court further noted procedural errors and stated that Patil should have appeared before the Superintendent of Police, his superior, after his arrest.