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HomeLawBombay High Court orders ₹2 lakh compensation to Nigerian national wrongfully detained...

Bombay High Court orders ₹2 lakh compensation to Nigerian national wrongfully detained for 2 years due to typo in forensic report

Justice Dangre questioned whether compensation could not be granted merely because there was no policy.

She further questioned the need for an enquiry given that the concerned forensics officer himself had admitted that he had made an error.

Takalkar stated that the accused had criminal antecedents and the same officer had prepared the report in the other case as well. She, therefore, contended that an enquiry was necessary to determine if the officer had been “planted.”

The Court, however, refused to accept the contention.

“The officer says that he has made a mistake. After 22 months he realised his mistake and you want to say that the officer has been planted,” she questioned.

The Court stressed that liberty is guaranteed to foreign nationals as well and not just to Indian citizens and directed the State to compensate the applicant within six weeks.

“As an exceptional case, I deem it appropriate to direct the state to pay compensation of Rs 2 lakhs within 6 weeks,” it said.

It also granted liberty to the State to conduct an enquiry and recover the amount from the guilty officers on conclusion of enquiry.

Source: Barandbench

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