Justice Prasad considered the case and observed that even though it was for a short period of time, petitioner was deprived of his personal liberty, a right protected under Article 21 of the Constitution of India.
“This Court is deeply troubled by the fact that the petitioner was not even arrested. He was simply picked up from the spot, brought to the police station and placed inside the lock-up for no rhyme or reason. The highhanded way in which the Police authorities have acted throwing to winds the constitutional and fundamental rights of a citizen, is appalling,” the Court said.
The Court was also of the view that in this case, a punishment of censure is not enough because it is not likely to have any effect on the career of the police officers and is therefore is not a sufficient deterrent.
“The censure should be of such nature that other officers too must not emulate such actions in future… In the facts of this case, even though the illegal detention of the Petitioner was only for about half an hour, this Court is inclined to grant compensation of ₹50,000 to the petitioner, which shall be recovered from the salaries of respondents No.4 and 5 [Sub-Inspectors Rajeev Gautam and Shamim Khan],” the Court ordered.
Source: Barandbench
