The Bombay High Court has come down heavily on illegal detention of two men in the state of Maharashtra that happened seven years ago. The court has directed the Maharashtra government to pay Rs 50,000 each towards compensation to both falsely accused men who were illegally detained in Beed District of Aurangabad Division in 2013 for six days.
The court observed that in such cases the State needs to obtain explanation from the erring authority and fix some kind of responsibility.
The matter was being heard by a division bench of Justice TV Nalawade and Justice MG Sewlikar of the Aurangabad bench against a criminal writ petition filed by Arun Tagad and Shailendra Tagad seeking compensation of Rs 5 lakh each for the said illegal detention.
On January 28, 2013, an FIR was registered at Beed Rural Police Station against the petitioners at the instance of a 35-year-old lady for the offences punishable under Sections:
- 506 read with 34
…of the Indian Penal Code. On January 30, both the petitioners were arrested by police of Rural Police Station, Beed and produced before the Judicial Magistrate First Class, Beed on the same day.
The Judicial Magistrate First Class granted bail to both the petitioners and they were released after they furnished personal bond and surety bond. According to the petitioners when they came out of the campus of Court, the same police arrested them immediately and they were taken before the Executive Magistrate, Beed.
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On the same day, the Executive Magistrate made an order against the petitioners and directed them to give interim bond with two solvent sureties of Rs 25,000 each.
The Petitioners moved an application before the Executive Magistrate and requested to permit them to give cash security in place of surety bond and they submitted that they had applied for getting a solvency certificate, but such certificate generally was not issued immediately. The Executive Magistrate did not allow this application and adjourned the matter to the next date. As a result, petitioners were kept in custody for 6 days from January 30, 2013.
According to the petitioner’s lawyer Advocate NR Thorat there were mala fides in the action taken by police and the Executive Magistrate also did not pass necessary orders, which caused the petitioner’s illegal detention in jail from January 30, 2013 for a period of six days.
Both Petitioners are not habitual offenders, in fact Shailendra Tagad was serving the military at the relevant time and Arun Tagad was a respected person and resident of the same locality as the complainant. The advocate submitted that the arrest and detention were illegal and there was violation of the fundamental rights of the petitioners.
Response from the State
Only because he was expected to discharge the duty given under Chapter VIII of the Code of Criminal Procedure, he may not be directed to pay compensation. However, the State needs to obtain the explanation and fix some kind of responsibility in such cases. It is serious mistake committed by the Executive Magistrate.