Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. SHINDE & P.R. BORA, JJ.
Mahesh Gangaram Badgujar - PETITIONERS
VERSUS
The State of Maharashtra - RESPONDENTS
CRIMINAL WRIT PETITION NO.207 OF 2002
Decided On : 15.07.2014
Upon careful reading of Section 69 of the said Act, it clearly appears that, the power given to the police officer is to restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in Section 68 of the said Act. It is also mentioned in the said section that the Police Officer may either take such person before a Magistrate or in trivial cases, may release him when occasion is past. The power of detention is not vested to the authority under Section 69 of the said Act. The facts brought on record would clearly demonstrate that, admittedly, on 14.3.2002 the petitioners were illegally detained and kept in police station. Therefore, their detention, according to the petitioners would not fall within the scope and ambit of Section 69 of the said Act. Thus in the present case, the respondents could not have detained the petitioners by invoking the provisions of Sections 68 and 69 of the Bombay Police Act. The said provisions do not authorize or empower Police Officers to detain a person. Therefore, detention of the petitioners was illegal.
Constitution of India - Article 21 - Illegal detention and arrest. - In absence of any material on record to show that detention and consequent arrest of petitioners was in accordance with procedure established by law, detention and arrest of petitioners illegal. - The petitioners did not raise protest about the alleged assault/ill-treatment at the hands of respondents 3 to 8 before the Magistrate, upon perusal of contents of the application filed by the petitioners on 17th March, 2002 before the Magistrate after release, it appears that, the petitioners did contend in the said application that, when they were in police custody, they were threatened by the Police Officers not to disclose the atrocities committed by them. The petitioners have also placed on record copy of the said application with prayer for referring them for medical examination. Upon perusal of the order passed by the Magistrate, it appears that the petitioners were referred for medical examination and accordingly, injury certificates were issued upon their examination by the Medical Officer.
In the light of the discussion in the foregoing paragraphs, the petitioners are entitled for compensation for their illegal detention.
Shinde, J.
1. This petition has been filed praying therein for directions to the respondents No.3 to 8 to pay each of the petitioners an amount of Rs.1,00,000/for violation of their fundamental rights due to illegal arrest, detention, assault and, mental and physical torture to them while they were in police custody. Further prayer is made for quashing FIR. There is also a prayer seeking directions to take appropriate departmental action against respondents No.3 to 8 for violation of fundamental rights of the petitioners due to illegal arrest, detention, assault and, mental and physical torture to the petitioners while they were in police custody. There is further prayer to direct the respondent No.6 Mr. Mukund Patil, P.S.I., Songir Police Station to pay the petitioner No.3 Prakash Marathe an additional amount of Rs.2,00,000/due to severe assault by Mukund Patil, as the ears of the petitioner No.3 have become permanently disabled and lost its hearing capacity to greater extent.
2. The petitioners are residents of Sindhkheda, taluka Sindhkheda, District Dhule. They are followers of Bajrangdal. They are also involved in social activities.
3. It is case of the petitioners that, there is one “Idgah” at Sindkheda situated in front of Rest house on Sindkheda to Varpada road. There were three “Gumbaj” to the said “Idgah”. On 14.3.2002 at about 8.00 a.m. one Shaikh Mushir Osman Shaikh r/o. Sindkheda had filed one F.I.R. in Sindkhda Police Station stating that in the night intervening 13.3.2002 and 14.3.2002 some unknown persons have damaged one of the Gumbaj of the said Idgah. On the basis of the said F.I.R. the Crime No.22/2002 came to be registered in Sindkheda police station.
4. It is case of the petitioners that, after receiving the F.I.R. of Mushir Shaikh the political activities were geared up in Sindkheda and as a result of it the police authorities in collusion with some influential persons in village Slndkheda had determined to teach a lesson to the petitioners and other members of Bajrang Dal who were active in the work of Bajrang Dal. As a result of the said determination of the police and rivals of the petitioners, all the petitioners were called for in the police station at Sindkheda and have been dealt with by Police Inspector Mr. U.S.Choudhary. The petitioner no. 1 Mahesh Badgujar and petitioner no.2 Deepak Dashrath Ahire were called in Sindkheda police station at about 11.00 a. m. on 14.3.2002. They were taken to the police station in police Jeep of Sindkheda police station and similarly Prakash Ramdas Marathe and Vinod Ramkrishna Wagh, the petitioners no. 3 and 4 were brought in Sihdkheda police station within half an hour i.e. till 11.30 a.m. on 14.3.2002. All the four petitioners and some other persons of Bajrang Dal were taken to Songir police station in the Jeep of L.C.B. Dhule. The petitioners no. 1 to 4 and others were taken to Songir police station at about 1.00 p.m. on 14.3.2002. The petitioners no. 1 to 4 and others were kept in lockup of Songir police station for whole day and till 12.00 'O' clock (mid night) Shri. Rathod who is Sub Divisional Police Officer at Shirpur had come to Sindkheda police station and was sitting in the cabin. Mahesh Badgujar and Deepak Ahire were called by Shri. Rathod in his cabin from police lockup. At that time P.S.I. Mukund Patll of Songir police station and Mr. U. S. Choudhary of Sindkheda police station and other police staff were present in the cabin of Mr.Rathod. Mr. Rathod asked Mahesh as well as Prakash about the commission of the offence. Both of them replied that they do not know anything nor they are involved in the commission of the offence. All of a sudden Police Inspector U.S.Choudhary and P.S.I. Mukund Patil of Songir police station started assaulting petitioners no. 1 and 2. The petitioner No.l Mahesh has been assaulted by U.S.Choudhary with stick on his back, waist, palms, and the feet. Mukund Patil P.S.I. of Songir police station assaulted Mahesh Badgu
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
