Constitution of India – Article 142, 226 – Appellant verbally and physically assaulted in police custody – Appellant illegally detained for 4 hours despite being granted bail – Subdivisional Police Officer’s inquiry report found Respondent No. 2 responsible – Special Inspector General of Police imposed punishment of “strict warning” in departmental proceedings – High Court partly allowed Appellant’s writ petition but declined to initiate criminal proceedings – Respondent No. 2 was directed to pay Rs. 75,000/- from his own pocket – Respondent No. 2 paid Rs. 1,75,000/- plus Rs. 25000/- – Respondent No.2 superannuated.
Held: Respondent No. 2 committed excesses against Appellant Supreme Court refrained from initiating criminal proceedings in the peculiar facts – Under Article 226, High Court has power to award compensation – Zero tolerance approach to be taken by courts – Direction to police forces and similar agencies to adhere to all guidelines regarding arrest and police custody. [Paras 21-24]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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