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2021 Supreme(Bom) 1478

S.S.SHINDE, N.J.JAMADAR
Sadiquabee Mohd. Usman Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Adil Khatri, Advocate, Y.P. Yagnik, Advocate

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The judgment emphasizes the principle of "Public Law Damage," which authorizes courts to award compensation to individuals whose constitutional or legal rights have been infringed by public authorities [judgement_subject].

  2. The case involves illegal detention and violation of the accused's rights after being remanded to judicial custody, with the police authorities failing to lodge the accused in prison within the prescribed time frame, despite the order of the Magistrate (!) (!) (!) .

  3. The court found that the accused was unlawfully detained in police custody in violation of the Magistrate’s order, which constitutes a breach of constitutional rights (!) (!) .

  4. The explanations provided by the investigating authorities for the delay—such as unavailability of testing facilities and vehicles—were considered unconvincing, and the delay was deemed unjustified (!) (!) (!) .

  5. The court recognized that the constitutional and legal rights of the accused were flagrantly violated, warranting redress through the principle of "Public Law Damage" (!) .

  6. The court awarded monetary compensation to the accused for the infringement of his rights, emphasizing that such compensation is a necessary remedy to address violations of fundamental rights by state authorities (!) (!) (!) .

  7. The judgment underscores that courts have the authority to direct the state to pay compensation in cases of unlawful detention and to initiate disciplinary proceedings against responsible officials (!) (!) .

  8. The court highlighted that the remedy of monetary compensation is a practical and effective measure for redress, especially when constitutional or legal rights are violated by public officials (!) (!) .

  9. The court clarified that even in cases involving detention, the primary goal is to uphold the rule of law and individual rights, and compensation serves as an important tool to reinforce accountability (!) .

  10. The order includes a direction for the state to pay Rs. 20,000 to the affected individual within four weeks, with the possibility of holding inquiries to identify and take action against responsible officials (!) (!) .

These points collectively illustrate the court's approach to addressing violations of constitutional rights through the principle of "Public Law Damage" and the importance of providing effective remedies, including monetary compensation, in cases of illegal detention and procedural violations.


JUDGMENT

N.J. Jamadar, J. - This Petition under Article 226 of the Constitution of India is fled by the wife of Mohd. Usman Mohd. Hanif Shaikh, the accused, for the following reliefs :-

(a) to issue 'Writ of Habeas Corpus' or Writ in the nature of Habeas Corpus or any appropriate writ, direction, order to the Respondents, to forthwith release the Petitioner's husband, named, Mohd. Usman Mohd Hanif Shaikh, or such terms and conditions as this Hon'ble Court deed ft and proper illegal detention at Shivaji Nagar Police Station lock-up after MCR & Deonar Police Station dated 26 July 2021 and 27 July 2021;

(b) to order disciplinary proceeding to be initiated against the concerned police officers;

(c) to order for the compensation to be awarded to the Petitioner' husband by the Respondents.

2. The Petition arises in the backdrop of the following facts :

(a) On the basis of a report lodged by Shahnawaz Sayyed Sarang, C.R. no.399 of 2021 was registered at Deonar Police Station for the offence punishable under Section 380 of Indian Penal Code ("Penal Code") for the alleged theft of mobile phone handsets on the morning of 29 May 2021.

(b) The Petitioner alleges that in connection with the said crime

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