“Bombay HC Deems Man’s Arrest For Power Theft ‘Unwarranted,’ Orders Compensation”

The Bombay High Court on Tuesday has deemed the arrest of a man, Alex, as “arbitrary and unwarranted” in a case of alleged power theft, directing the Maharashtra government to compensate him with Rs.25,000.

This decision, delivered on October 1, was made by a division bench of Justices Revati Mohite Dere and Prithviraj Chavan, who also ordered the Mumbai police commissioner to conduct a departmental inquiry into the actions of the officers involved in Alex’s arrest at the RCF police station in Chembur.

Alex, a social worker, was accused by Adani Electricity of tampering with electric meters and illegally obtaining power, causing a loss of Rs.64,000 to the company. He asserted that after the FIR was lodged in 2018, he assured the police he would pay the dues, and by January 2020, he had settled all payments, including any compounding charges.

Despite having made the necessary payments, Alex was arrested by the RCF police on January 29, 2020, without verification of his payment status.

The court criticized the police for failing to check whether Alex had indeed made the payments before proceeding with the arrest. The judges stated, “We find that the arrest of the petitioner was not only uncalled for but also a rash act, contrary to the provisions of law.”

The High Court pointed out that the reasons provided for Alex’s arrest were “flimsy and contrary to law.” The bench noted that the magistrate who remanded Alex to one day of police custody didn’t adequately assess whether the arrest was justified, stating, “Magistrates are not mute spectators but are courts of first instance, responsible for upholding the law and protecting individual liberty from arbitrary arrests.”

The judges emphasized that the arrest caused Alex significant mental distress and ordered the state government to pay him Rs.25,000 as compensation within 6 weeks. They remarked that not only was Alex’s arrest unjustified, but the local court’s order remanding him to police custody also lacked thorough consideration.

In his plea, Alex sought legal action against the officials at the RCF police station for his unlawful arrest and requested Rs.50 crore in compensation for the violation of his fundamental rights. The police claimed they had issued notices to Alex in 2019 and 2020, seeking proof of payment. They argued that when he failed to submit the required documents, they proceeded with his arrest.

However, Alex countered that he had replied to the 2019 notice, confirming his willingness to pay the charges, and assured the police in response to the 2020 notice that he would provide the necessary documentation. Despite this, he was arrested and released on bail the following day.

The High Court found that at the time of Alex’s arrest, neither Adani Electricity nor Alex had submitted documentation to the police regarding the payment. The court ultimately questioned the necessity of his arrest given that he had already made all payments, stating, “The police ought to have given some time to the petitioner to produce the receipts.”

This ruling underscores the court’s commitment to safeguarding individual rights and ensuring that law enforcement adheres to proper procedures, particularly regarding arrests related to alleged financial offenses.

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