Madras HC Directs State Govt To Compensate Woman Falsely Accuse Under Immoral Traffic Prevention Act

The Madras High Court has ordered the State Government to compensate a woman who was falsely accused in a case under the Immoral Traffic Prevention Act 1956 with Rs 2 lakh.

A single bench of Justice R Vijayakumar noted that the State could not avoid liability by claiming that the officers involved were not performing their official duties.

Furthermore, the court rejected the State’s argument that the charge sheet was quashed as a result of a thorough investigation conducted by it, and thus it was not obligated to pay compensation.

“It is clear that the right of privacy and reputation of the writ petitioner have been sullied by the act of the police officials for which the State is certainly responsible. The State cannot escape from contending that the officials at the station level have unauthorisedly done the said act and hence, the State is not liable for the same,” the bench stated.

Justice Vijayakumar noted that the woman’s arrest and detention had received a great deal of media attention, infringing on her right to privacy. As a result, the State was obligated to compensate the woman, it added.

In this case, the petitioner was arrested on the basis of a complaint filed by one Sasikumar under various provisions of the Immoral Traffic Prevention Act 1956. She was detained at the Women’s Home in Madurai for 13 days before being released on bail.

The case was brought against her due to tenancy disputes and personal vengeance by private respondents, according to the Deputy Superintendent of Police, District Crime Branch, Nagercoil.

Sasikumar, the de facto complainant, also testified that he was unaware of the complaint and that his signatures were obtained on blank paper by police officers when he visited the station in connection with a traffic violation. The petitioner approached the High Court based on the Deputy Superintendent’s report, and the charge sheet against her was later quashed.

The petitioner filed the current case to seek compensation of one crore rupees from the State and the relevant authorities for the embarrassment she and her family suffered as a result of the false case and false incarceration.

The State objected to the compensation, claiming that the petitioner could not be compensated because she was exonerated only with the State’s help and assistance. It was also argued that the Inspector had abused the legal process, and thus there was no vicarious liability because he was not performing legal duties.

The concerned official also objected to the compensation, claiming that he had no personal vengeance. He claimed that he had only done his job without malice or bias. He also argued that if the petitioner had been wronged, she should have pursued the alternative remedy of filing a defamation suit in civil court.

The bench held that the State could not take advantage of the Deputy Superintendent’s investigation because it had not taken any action against the officers involved for filing the false case.

Nunnem Gangte

Recent Posts

Rajasthan HC Quashes SC/ST Case Against Actress Shilpa Shetty

The Rajasthan High Court on Thursday quashed a complaint filed under the SC/ST (Prevention of…

14 hours ago

Allahabad HC Turns Down Appeal Seeking Appointment Of Receiver For Jaigurudev Sanstha

The Allahabad High Court on Thursday has dismissed an appeal filed by the Jaigurudev Dharma…

14 hours ago

Shivaji Statue Collapse Case: Bombay HC Grants Bail To Consultant Chetan Patil

The Bombay High Court granted bail to consultant Chetan Patil on Thursday in connection with…

14 hours ago

Excise Policy Case: Delhi HC Refuses To Stay Trial Against Arvind Kejriwal

The Delhi High Court on Thursday declined to stay the trial proceedings against former Delhi…

15 hours ago

AP Assembly Passes Resolution To Set Up HC Bench In Kurnool

The Andhra Pradesh Assembly on Thursday passed a resolution to establish a permanent High Court…

15 hours ago

Lesbian Couple Desiring Child Gets Bail In Kidnapping Of Minor Girl

The Bombay High Court on Thursday granted bail to a lesbian couple arrested for allegedly…

16 hours ago