Delhi High Court Orders ₹50K Compensation To Man Illegally Detained For Half An Hour, Criticises Delhi Police's "High-Handedness"

The Delhi High Court has ordered compensation of Rs. 50,000 to a man who was illegally detained for about “half an hour” in a Delhi Police’s lockup “for no rhyme or reason” and said that a meaningful message must be sent to the authorities that police officers cannot be law unto themselves.

Justice Subramonium Prasad directed that the compensation amount be recovered from salaries of two erring Sub-Inspectors of Badarpur Police Station who brought the man and placed him in the lockup.

“The time spent in the lock-up by the Petitioner, even for a short while, cannot absolve the police officers who have deprived the Petitioners of his liberty without following the due procedure established by law. A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future,” the court said.

Delhi High Court orders Rs. 50K compensation to man over illegal detention of about half an hour in Police lockup. Court directs that the compensation amount be recovered from salaries of two erring Sub-Inspectors. #DelhiHighCourt #DelhiPolice pic.twitter.com/TwmX1EfJP9

— Live Law (@LiveLawIndia) October 5, 2023

The court was dealing with the man’s plea seeking compensation for his illegal detention in the police lockup in September last year.

A complaint was received vide DD entry at the police station stating that “lady ko sbzi wale ne chaku maar diya h.” The complaint was marked to a sub-inspector who reached the spot where he found one female and the petitioner.

It was his case that he was put in the lock-up at 11:01 PM and was let out at 11:24 PM. He alleged that he was detained without any formal arrest or FIR or DD entry.

Disposing of the matter, Justice Prasad observed that the authorities acted in a “high-handed manner” without respecting the the petitioner’s liberty and placed him in the lock-up without following due procedure of law or the principles laid down when an arrest is to be made.

“This Court is deeply troubled by the fact that the Petitioner was not even arrested. He was simply picked up from the spot, brought to the Police Station and placed inside the lock-up for no rhyme or reason. The high- handed way in which the Police authorities have acted, throwing to winds the constitutional and fundamental rights of a citizen, is appalling,” the court said.

The court further observed that it is troubled at the way the citizens are being treated by the Police authorities who behave as if they are above the law.

“A punishment of censure alone is not sufficient in the facts and circumstances of this case,” the court said.

Advocate Dhruv Gautam appeared for the petitioner.

ASC Hetu Arora Sethi appeared for GNCTD.

Title: Pankaj Kumar Sharma v. GNCTD & Ors.

Citation: 2023 LiveLaw (Del) 928