Nithyakalyani Narayanan. V
The Jharkhand High Court ordered the State to pay compensation of ₹5 lakh to the person who was illegally detained for four months. He was later released after it was found that he was not guilty of the alleged offence.
The complainant was detained in 2021, from February to July, under the pretence of a murder and rape case. After his release, he approached the High Court requesting compensation and registration of an FIR against the in-charge police officers.
The Court held that his request for compensation was on valid grounds, as his basic human rights were infringed by the police. The single-judge bench remarked that although the humiliation and trauma faced by the complainant could not be taken back, the compensation will support him to move on with his life. The Court also pointed out that the jeopardised future of the petitioner who had completed the Staff Selection Commission Exam before the arrest.
The court observed that- “The liberty and dignity of the petitioner, which are basic to his human rights were jeopardized, as he was taken into custody and, eventually, despite all the glory of the past, he was compelled to face cynical abhorrence and this situation invites the public law remedy for grant of compensation for violation of the fundamental right, envisaged under Article 21 of the Constitution of India for saving the life command, self-respect and dignity.”
The counsel for the complainant that the woman who was said to be raped and killed but was later found to be alive. The police admitted in Court that the complainant was detained for a crime that he did not commit. Justice Kumar Dwivedi stated that- “If the police officers had been little more careful in discharge of their duties, the petitioner would not have been deprived of his liberty. Police is the main stay of the Administration of the State. It has a duty to ensure that outlaws are firmly dealt with in accordance with law.”
Advocates Sumit Prakash, Ravi Shanker Prasad and Akash Deep appeared for the complainant. Advocate Manoj Kumar and Advocate Deepankar appeared for the State. Advocates Manoj Tandon, Neha Bhardwaj and Adamya Kerketta appeared for the police officer.
Name of the case: Ajit Kumar v. State & Ors.
Bench: Justice Kumar Dwivedi.
Click here to access the order.