Fundamental Rights Violated; Court Orders Rs. 1,00,000 Compensation to Sunil Kandu
In a landmark judgment, the Allahabad High Court has ordered the state to pay Rs. 1,00,000 as compensation to Sunil Kandu, also known as Sunil Kumar Gupta, for his wrongful arrest and detention. The court found that Kandu's fundamental rights under Article 21 of the Indian Constitution were violated due to arbitrary actions by the police.
The Division Bench, comprising Justices Arindam Sinha and Satya Veer Singh, highlighted the lack of credible evidence or reasonable belief justifying Kandu's arrest. The petitioner was detained for 79 days based on a complaint that was later found unsupported by evidence. The court emphasized that arrests must adhere to the procedure established by law and must be justified by credible information.
The judgment is significant as it underscores the judiciary's role in safeguarding individual liberties and holding public authorities accountable for violations of fundamental rights. The court relied on several precedents, including the Supreme Court's decisions in Rudul Sah v. State of Bihar and Smt. Nilabati Behera v. State of Orissa, which recognize the judiciary's power to award compensation in cases of unlawful detention.
The court found that the police failed to investigate the allegations properly before arresting Kandu, who was not even present at the scene of the alleged crime. The judgment also criticized the state's reliance on outdated provisions of the Criminal Procedure Code and emphasized the necessity for police officers to justify arrests beyond the mere existence of power to arrest.
This decision not only provides relief to the petitioner but also serves as a stern reminder to law enforcement agencies to adhere to constitutional mandates while exercising their powers.
Statutory provision(s): Article 21 of the Constitution of India, Criminal Procedure Code, 1973 Section 41(1)(ba), Protection of Human Rights Act, 1993 Section 18(a)(i), Section 36.
