Rs.5,00,000/- (rupees five lakhs only) compensation on illegal arrest and humiliation, to be paid by the State of M.P.

Rs.5,00,000/- (rupees five lakhs only) compensation on illegal arrest and humiliation, to be paid by the State of M.P.

Dr Rini Johar & Anr vs State of M.P. & Ors

Supreme Court

03/06/2016

WRIT PETITION (CRIMINAL) NO. 30 OF 2015

About/from the judgment:

In the case at hand, there has been violation of Article 21 and the petitioners were compelled to face humiliation. They have been treated with an attitude of insensibility. Not only there are violation of guidelines issued in the case of D.K. Basu (supra), there are also flagrant violation of mandate of law enshrined under Section 41 and Section 41-A of CrPC. The investigating officers in no circumstances can flout the law with brazen proclivity. In such a situation, the public law remedy which has been postulated in Nilawati Behra (supra), Sube Singh v. State of Haryana, Hardeep Singh v. State of M.P., comes into play. The constitutional courts taking note of suffering and humiliation are entitled to grant compensation. That has been regarded as a redeeming feature. In the case at hand, taking into consideration the totality of facts and circumstances, we think it appropriate to grant a sum of Rs.5,00,000/- (rupees five lakhs only) towards compensation to each of the petitioners to be paid by the State of M.P. within three months hence. It will be open to the State to proceed against the erring officials, if so advised.

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