Unlawful confinement by public functionaries violates fundamental rights and may lead to compensation.

( 1 ) THE petitioner has sought compensation for his confinement in Jail alleging that he was arrested and confined in Jail illegally and maliciously by the respondents causing mental and physical pain and affecting his reputation in the society.

( 2 ) THE factual matrix of the case is that the petitioner was a partner in the Firm M/s. Monlka bakeries. Industrial Area, Partapur, Meerut. One Sri Abdul Hameed was also partner. In the year 1979, they agreed to dissolve the partnership and a dissolution deed dated 26. 3. 1979 was executed whereby the assets and liability of the Firm were given to Sri Abdul Hameed. All the tax liabilities prior to dissolution were also cleared.

( 3 ) THE recovery proceedings were taken against the petitioner for recovery of Rs. 2,400 as arrears of Sales Tax for the year 1983-84 and a notice was issued in his name. The said recovery proceedings were, however, withdrawn after the Sales Tax Officer Sector-V, Meerut found that the Firm has been dissolved as per dissolution deed on record and, therefore, the petitioner was not liable for payment of the said Sales Tax, he passed an order on 26th September, 1988 stating that the petitioner is not liable to pay any Sales Tax as the Firm has been dissolved by a dissolution deed.

( 4 ) ON 9. 2. 1996 while he had come to Meerut, where his son was living, at about 7. 00 A. M. three persons, namely, Kurk Amin Sri Beer Narain (respondent No. 10), his peon Sri Abbas Mehandi (respondent No. 11) along with an armed constable, raided his Meerut residence claiming Sales tax of Rs. 1. 55. 000 purporting the amount of Sales Tax recovery for the years 1980-81. 1981-82 and 1982-83 of the Firm Monlka Bakeries. He informed the Kurk Amin that he is not liable for any tax dues standing in the name of Monika Bakeries inasmuch as he has severed all his links with the said Firm vide dissolution deed. The Kurk Amin, however, demanded illegal gratification for himself and his peon as also for Naib Tahsildar, respondent No. 9, who was sitting in the Jeep outside. The petitioner refused to oblige them. The Kurfc Amin and the peon mercilessly dragged him from his bed and broke down his reading spectacles and when he tried to contact some officer on phone, the apparatus was snatched and broken. The petitioner was dragged in a humiliating condition on the the street without even allowing him to change the clothes. He was a heart patient and wanted to take medicine but he was not permitted to take medicine. He was forcibly hurled on the floor of the jeep and was taken to the District Jail. Meerut. He was lodged in barrack No. 10 in the jail along with hardened criminals. He complained pains. The jail authorities asked Dr. Tyagi to examine the petitioner. Dr. Tyagi, on examining the petitioner, was satisfied that the petitioner was heart patient who had gone bye-pass surgery and gave him medicines.

( 5 ) THE younger son of the petitioner submitted an application with the Trade Tax Officer, Sector v. Meerut stating that the petitioner was not liable to pay any sales tax against the Firm M/s. Monika Bakeries as the Firm had been dissolved in the year 1979 and prior to that, all the llablllities have been cleared and after the said period, the petitioner was not liable to pay the amount. Sri Ram Asrc Prasad, Trade Tax Officer, Sector V, Meerut, in the evening, issued a letter dated 19. 2. 1996 to the Deputy Collector (Collection ). Trade Tax, Meerut that as the Firm had been dissolved on 26. 3. 1979 the petitioner is not liable to pay any tax and the recovery of such tax should not be made against him. The Deputy Collector (Collection ). Trade Tax, on receiving the information, asked the jail authorities to release the petitioner from the Jail. The petitioner was thereafter was released in the late evening.

( 6 ) THE contention of the petitioner that he was illegally taken into custody and unlawfully detained in jail maliciously and in any case negligently with the result