Court Orders Compensation for Violation of Constitutional Rights in Case Involving Illegal Search and Seizure by Maharashtra Police
In a landmark judgment, the Bombay High Court (Nagpur Bench) has ruled in favor of Khushbu W/o. Iddrish Khan and another, declaring that the search of their residential premises and the seizure of a mobile phone by the Maharashtra police were conducted in violation of statutory provisions and constitutional rights. The court emphasized the importance of adhering to procedural safeguards during investigations, particularly under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The judgment was delivered by Justices Urmila Joshi Phalke and Nivedita P. Mehta in response to a writ petition filed by Khushbu Khan, who alleged that police officers entered her residence without proper authorization, harassed her, and seized her mobile phone without following legal procedures.
The court found that the police failed to comply with Sections 185 and 105 of the Bharatiya Nagarik Suraksha Sanhita, which mandate strict adherence to procedural requirements during search and seizure operations. The absence of contemporaneous documentation, such as a seizure panchnama and electronic recording, rendered the police actions illegal, constituting a violation of Article 21 of the Constitution of India, which guarantees the right to privacy.
Highlighting the significance of privacy rights, the court noted that the entry into residential premises and the seizure of personal property must be conducted within the bounds of law to avoid serious invasions of privacy and dignity. The court awarded a compensation of Rs.10,000 to Khushbu Khan for the violation of her constitutional rights, underscoring the need for accountability in investigative actions.
The judgment serves as a reminder to law enforcement agencies to ensure transparency and fairness in their operations, safeguarding the rights of individuals against arbitrary actions.
Bottom line:-
Search and seizure during investigation under Bharatiya Nagarik Suraksha Sanhita, 2023, must strictly comply with statutory safeguards. Non-compliance constitutes violation of constitutional rights under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 185, 105
Khushbu W/o. Iddrish Khan v. State of Maharashtra, (Bombay)(DB)(Nagpur Bench) : Law Finder Doc id # 2939811
