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Reminding the Maharashtra Police of its motto - Sadrakshnaya Khalanighrahanaya - which is to protect the good and punish the evil, the Bombay High Court recently held that the September 2011 arrest of activist Arun Ferreira was "illegal" and therefore, ordered the State to pay a compensation of Rs 2 lakhs to him.

A division bench of Justice Urmila Joshi-Phalke and Justice Raj Wakode while ordering compensation said that when the law is breached by the police, the punishment must be proportionately stringent to instill confidence in the society.

"When the police persons are the violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have effective deterrent effect and instill confidence in society. The responsibility of the police officers is to protect and uphold the law. It may not be out of context to remind that the motto of Maharashtra State Police is Sadrakshnaya Khalanighrahanaya (Sanskrit: To protect good and to punish evil), which needs to be respected. Those, who are called upon to administer the criminal law, must bear, in mind, that they have a duty not merely to the individual accused before them, but also to the State and to the community at large," the bench observed.

By its order pronounced on October 27, the bench ordered the State to pay Rs 2 lakhs compensation to Ferreira.

"The compensation of Rs.2,00,000 (Rs. Two Lacs Only) shall be paid by the State to the present Petitioner within a period of eight weeks from today. The amount of compensation is to be deposited in this Court. If the petitioner is dissatisfied with the amount of compensation granted, he is at liberty to file a suit before the appropriate court to get the compensation," the judges ordered.

The judges were hearing a plea filed by Ferreira, who pointed out that he was released from prison on September 27, 2011 after he was acquitted from eight criminal cases. On this very day, just as he stepped out of the prison, while his mother and brother were waiting to receive him along with his advocates, some officers in civil clothes suddenly came at the spot and picked him up and took him along in an unnumbered vehicle. He alleged that he was "abducted."

However, the police claimed that since he was arrested in a case concerning Naxalism, "secrecy" was to be maintained. The police contended that it had complied with all the mandatory provisions of law and had duly informed him about the grounds of arrest etc.

The judges, however, noted that nothing was placed on record to indicate that the police informed Ferreira's family or his advocates standing just at the spot from where he was picked up, about the reasons of arrest or even the grounds of arrest.

"Admittedly, the respondents were having ample time to furnish the grounds of arrest to the accused when petitioner came out from the jail; his relatives, mother and brother were also present but nothing is on record in the form of entry in the station diary or general diary showing that mother and brother of the petitioner were informed as to his involvement in the crime or the purpose for what he was detained. On the contrary, the documents on record show that advocate of the petitioner immediately approached the Dhantoli Police Station and lodged a complaint as the officers had not disclosed their identities to the advocate. Even if it is accepted that the accused was involved in the commission of the crime and that an unnumbered vehicle was used to maintain secrecy, admittedly, the petitioner was neither taken to any Naxalite-related activity nor transported in the said vehicle for the purpose of maintaining secrecy," the judges observed.

With these observations, the bench allowed Ferreira's plea.

Appearance:

Advocates Pradip Mandhyan and Aakash Sorde appeared for the Petitioner.

Additional Public Prosecutor MJ Khan represented the State.

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