IMPORTANT POINT
The judgment established the power of constitutional courts to award compensation for contravention of fundamental rights in public law proceedings.

JUDGMENT

1. The Petitioner has approached this Court seeking compensation for his illegal arrest and detention in the police lock-up on 02.09.2022 at Police Station Badarpur.

2. The facts in brief leading to the filing of this writ petition are as under:

i. On 02.09.2022, a complaint was received vide DD No.85A at Police Station Badarpur stating that `lady ko sbzi wale ne chaku maar diya h'. The said complaint was marked to SI Rajeev Gautam who reached the spot where he found one Smt. Kranti and the Petitioner herein.

ii. It is stated that the lady was not sent for any medical examination nor was her statement recorded. It is stated that SI Rajeev Gautam brought the Petitioner to the Police Station and placed him in lock-up through SI Shamim Khan, who had put the Petitioner in the lock-up at 11:01 PM and let the Petitioner out of the lock-up at 11:24 PM. Material on record also record reveals that the Petitioner was put inside the lock-up without any formal arrest/FIR or DD entry.

iii. It is stated that pursuant to the said incident, the Petitioner filed a complaint to the Commissioner of Police (Hqs.), but no action had been taken against the erring officers.

iv. Stating complete inaction on the part of the Police on the complaint made by the Petitioner regarding his illegal detention in a police lock-up without any formal arrest, the Petitioner has approached this by filing the instant writ petition claiming compensation.

3. Notice was issued on 27.03.2023. Status Report has been filed on behalf of Respondents No.1 to 3 stating that inquiry was initiated against Respondent No.4 & Respondent No.5 herein, i.e., SI Rajeev Gautam and SI Shamim Khan, and a punishment of censure has been imposed on them.

4. Heard learned Counsel for the Petitioner and the Respondents, and perused the material on record.

5. Material on record indicates that on the complaint filed by the Petitioner, the matter was investigated by the PG Cell/South East District, Sarita Vihar.

6. The facts arising from the investigation reveal that on 02.09.2022, at about of 9:00 PM, one Smt. Kranti W/o Sant Ram R/o 2161/12, Gali No.61, Third 60 foot road, Molarband Ext. Badarpur, Delhi had a fight with the vegetable seller and, in the said fight, the Petitioner was injured and came to the shop of the Petitioner herein and told the Petitioner that she had been stabbed.

7. It is stated that the Petitioner herein called the police. However, when the police reached the spot, they picked up the Petitioner and placed him in the lock-up. The fact that the Petitioner was picked up from the spot without an FIR against him, subsequently brought to the Police Station and placed in the lock-up has not been disputed by the State authorities.

8. The facts of the case reveal that, even though it was for a short period of time, the Petitioner was deprived of his personal liberty, a right protected under Article 21 of the Constitution of India. It is evident that the authorities acted in a high-handed manner without respecting the Petitioner's liberty placed him in the lock-up without following due procedure of law or the principles that have been laid down when an arrest is made.

9. The Apex Court in D K Basu v. State of West Bengal, 1997(1) SCC 416, had directed the following requirements to be fulfilled in case of arrest. Paragraph 35 of the said judgment reads as under:

"35. We, therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures:

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and su