Read Time: 03 minutes

Synopsis

The Bombay High Court has recently declared the arrest of a policeman, a President's Medal awardee, as illegal.

A division bench of the high court comprising Justice AS Chandurkar and Justice Rajesh Patil was hearing a petition filed by Sambhaji Patil, who challenged his arrest by the police in a murder case.

Patil was booked for destruction of evidence and preparing a faulty report in a murder case he was investigating in 2009. He was later transferred, and the case was investigated by another officer in Satara.

In March 2013, Patil was summoned by the Additional Superintendent of Police and arrested after interrogation. A day later, he was granted bail.

Patil then approached the high court, calling his arrest illegal and seeking compensation of ₹10 Lakhs. He argued that he was not informed of the grounds for his arrest.

The bench in its order noted that Patil received the President's Police Medal in January 2004 for his meritorious service and the Director General of Police insignia the same year.

The high court, in its order, observed that the arrest was illegal as Article 21 of the Constitution was violated.

“A case therefore has been made out by petitioner for seeking compensation in public law on account of his illegal arrest that has resulted in violation of his fundamental rights under Article 21 of the Constitution of India,” the order reads.

The bench also directed a compensation be paid to Patil of Rs. 2 lakhs within 8 weeks of the date of judgment.

Case title: Sambhaji Achyutrao Patil vs State of Maharashtra