"Complete Police Raj In Bihar, Loss Of Liberty Of Person Of Humble Means At Par With That Of Affluent Person": Supreme Court

"Loss of liberty of a person of humble means is not at a lower pedestal compared to that of an affluent person with more resources", observed Supreme Court on Friday.The bench of Justices Chandrachud and Justice M. R. Shah was hearing an SLP against the December 22, 2020 decision of the Patna High Court awarding Rs. 5,00,000/- as compensation to a truck driver who was illegally detained and kept in custody for over 35 days by the Patna Police. The SLP was filed at the instance of the state of Bihar against the quantum of compensation."We acted as a responsible state and the delinquent SHO was suspended and disciplinary proceedings are going on!", urged the advocate appearing for the state government."The state should not have come in an SLP at all! Your ground is only that he is a driver and therefore, 5 lakh is too much? Loss of liberty cannot be dealt with in a way that if it is a rich man who is involved, then there will be higher compensation! Where loss of liberty is concerned, even a person of humble means is the same as and at par with an affluent person with more resources! The compensation of 5 lakhs awarded by the High Court is correct!", asserted Justice Chandrachud."And you are saying that the accused was released but remained in the police station of his own will, enjoying his freedom? You expect the court to believe this?", asked the judge."Look at what your own DIG says (in his report as recorded in the impugned High Court judgment)- that no FIR was registered within time; the statement of injured was not recorded; no vehicle inspection was done; and without any rhyme and reason, the vehicle and the driver was detained illegally!", pointed out Justice Shah."There seems to be complete Police Raj in Bihar!", added Justice Chandrachud.The bench proceeded to dismiss the SLP.In the impugned decision of the Patna High Court, the bench of Chief Justice Sanjay Karol and Justice S. Kumar observed that the Police authorities in this case had acted in clear violation of the procedure established by law, inasmuch as the vehicle and the detenue were detained and kept in police custody for more than 35 days, without either filing of FIR or following any other procedure of arrest prescribed in law, ensuring constitutional protections to all persons.It thus held that the authorities had acted in direct violation of detenue's fundamental rights under Articles 21 and 22 of the Constitution and ordered,"The State of Bihar shall pay compensation to the detenue, namely, Mr. Jitendra Kumar @ Sanjay Kumar, an amount of Rs.5,00,000/- (Rupees Five lac) for the violation of his fundamental right under Article 21 of the Constitution of India. This amount shall positively be paid within a period of six weeks from today."The Court expressed that truck drivers in India are not only under an endless pressure to make their ends meet, but are also susceptible to be at odds with the law and other functionaries of the State."Their life is defined by great hardship and sacrifice. They are under constant pressure to complete long journeys in short durations; operate under conditions of extreme lack of sleep; lack proper sanitation along highways and roads; have improper access to food and water, and have to spend most of their time away from their families. Along with these gruelling adversities, they are at constant odds with the police and State authorities, while trying to protect themselves from the continuous threat of highway robberies," it observed.It thus stated that there is an immediate need to improve the conditions of truck drivers in the State of Bihar as well as across the country, and issued a series of directions for protection and welfare of truck drivers, reproduced at the end of this report.Role & Problems of Truck DriversThe Bench observed that the extreme vulnerabilities faced by truck drivers in India often makes them prone to derelictions of the dark side of human civilization. It noted that whereas truck drivers act as the backbone of the national economy, they are amongst the most vulnerable sections of our society.The Bench remarked,"The backbone of the national economy is dependent upon the untiring and ever driving efforts and labour of the poor, mostly illiterate and the vulnerable. In the absence of the hard work and toil of truck drivers, economic activity throughout the country is bound to come to a standstill.Truck drivers are faced with a great deal of high stress and pressure as part of their job. The introduction of the additional hassle and trauma, perpetuated by the authorities, through the use of hostility and torture is akin to grave human injustice. Such practices are a clear violation of the human rights guaranteed to every citizen of the world."It observed that the government institutions must understand that in any democracy, the right to live with dignity and self-worth, cannot be defiled within the ambit of Rule of Law and good governance.The Court rooted for proper education for...

"Complete Police Raj In Bihar, Loss Of Liberty Of Person Of Humble Means At Par With That Of Affluent Person": Supreme Court

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