The Bombay High Court has recently ordered a Maharashtra police officer to pay Rs.2 lakh in compensation to a man he illegally arrested.
Additionally, a police constable, who filed the complaint in the case, has been directed to pay Rs.50,000 to his estranged brother-in-law, who was unlawfully detained.
The ruling came from a bench of Justices Vibha Kankanwadi and S.G. Chapalgaonkar while reviewing a petition aimed at quashing an FIR registered in Hingoli in June. The FIR included charges of defamation, sending offensive material, and dishonestly receiving a stolen computer under Sections 66-A and 66-B of the Information Technology Act.
The bench highlighted that the charge of sending offensive material had been declared unconstitutional by the Supreme Court. They also noted that the charge of retaining a stolen computer was not applicable in this situation.
Despite the inapplicability of these sections, the petitioner was arrested shortly after midnight on August 6, 2024, and was granted bail the same day after being presented in a Magistrate’s court.
The court expressed its disbelief that the Investigating Officer did not consider the relevant legal sections before making the arrest. “It is beyond imagination that before the arrest, the Investigating Officer will not apply his mind to which sections are invoked, what the prescribed punishment is, and whether he can legally arrest in such situations,” the court stated.
It emphasized that realizing the wrongfulness of the charges after an arrest would be akin to professional suicide for an Investigating Officer.
Furthermore, the bench pointed out that the investigating officer failed to provide a reason for the arrest, which is required when charges carry a potential punishment of less than seven years. The grounds for the arrest were also not communicated to the petitioner.
The background of the case involves a divorce proceeding between the petitioner and his estranged wife. She had accused him of marital cruelty and claimed that he sent a message to a relative alleging she had made intimate videos, which her brother subsequently shared.
The estranged wife’s brother, a police constable in Hingoli, then filed the defamation case.
This ruling underscores the importance of lawful procedures in arrests and the consequences of failing to adhere to legal standards. The court’s decision aims to hold officers accountable for unlawful actions, thereby reinforcing the rule of law in the region.
