Bombay HC Quashes Order Directing Cop To Pay Compensation In Probe Lapse

The Bombay High Court has overturned an order by the Maharashtra State Human Rights Commission that directed a police inspector to pay ₹2 lakh in compensation to a woman for alleged negligence in investigating her son’s death.

The court noted that the police officer, Abasaheb Anandrao Patil, was not given an opportunity to present his case before the commission issued its order.

In the judgment dated August 9, a division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan quashed the MSHRC’s decision and instructed the commission to re-evaluate the case after giving Patil and other involved parties a chance to be heard. The court emphasized that the principles of natural justice were not followed, as the MSHRC had failed to notify Patil or allow him to defend himself against the allegations.

The case will now return to the MSHRC for fresh consideration, with instructions to issue proper notices to Patil and other officers before making any decisions regarding compensation or initiating a departmental inquiry.

Patil had challenged the MSHRC’s July 2022 order, arguing that it was issued without his knowledge and without giving him a hearing, which he claimed resulted in a serious miscarriage of justice. The commission had not only ordered him to pay compensation but also directed the Director General of Police (DGP) to initiate a departmental inquiry against Patil and others for gross negligence.

The issue arose from a complaint filed in 2017 by Sarita Shedge, who suspected foul play in her son’s death, which was officially recorded as an accident. She alleged that the police had failed to properly investigate the case despite the suspicious circumstances surrounding her son’s death.

In response, the MSHRC had previously instructed the DGP to register a murder case and assign the investigation to a superintendent of police.

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