Illegal custody: Mumbai HC orders police and RDO to pay compensation
Police are habitual offenders in the sense they usually play with the life and liberty of citizens. But the RDO, who is a sub divisional magistrate, cannot be an offender acting mechanically, warned the Bombay High Court.
The High court directed the state government to pay a compensation of Rs 50000 each to two youngsters who were kept in illegal custody. The youngsters had approached the high court against the illegal detention by the police and RDO.
The two youngsters Arun Thagadia and his brother were arrested by the police in 2013 on a complaint by a lady. The complaint was so flimsy and the magistrate granted bail to them. When they came out of the court, the police took them into custody and produced them before the RDO. They were to be dealt with under good behaviour proceedings. The RDO initiated proceedings against them and they could not produce solvency certificates. There upon they were remanded in custody for six days.
The brothers told the high Court that the RDO was illegal in his proceedings. The high court observed that the RDO was callous in his orders and acted in collusion with the malafide intention of the police to keep them in custody without sufficient reasons.
The high court observed that the proceedings of the RDO was totally illegal. The compensation shall be paid within 45 days and should be recovered from the police and RDO for perpetrating illegality.