Case Title: Ajit Kumar vs State

A single bench of Justice Sanjay Kumar Dwivedi of Jharkhand High Court directed State government to pay 5 lakh compensation to a man who was illegally detained by police in a false murder and rape case for four months and released after being found not guilty.

After the petitioner got released, he moved before the High Court seeking compensation and registration of a First Information Report against the police officers who are responsible for the said misconduct.

Justice stated in the order that “The liberty and dignity of the petitioner, which are basic to his human rights were jeopardized, as he was taken into custody and, eventually, despite all the glory of the past, he was compelled to face cynical abhorrence and this situation invites the public law remedy for grant of compensation for violation of the fundamental right, envisaged under Article 21 of the Constitution of India for saving the life command, self-respect and dignity”.

The bench directed state government to recover the compensation from the salaries of the policer officer who are responsible for the said act “The trauma, already faced by the petitioner as well as humiliation in the society that cannot be restored by way of said compensation, however, that compensation will console to the petitioner to forget the past and take the life onwards in future”.

The counsel for the petitioner submitted that the petitioner and co-accused were tortured badly and asked to confess that they had raped and killed the girl.

It is further submitted by counsel that the woman was found alive later and no evidence was against the petitioner.  

Later, the police submitted report contending their mistake and, hence, the bench acquitted the petitioner.

“If the police officers had been little more careful in discharge of their duties, the petitioner would not have been deprived of his liberty. Police is the main stay of the Administration of the State. It has a duty to ensure that outlaws are firmly dealt with in accordance with law”.

The bench later directed State government to pay 5 lakh compensation to a man and also directed to recover the said compensation from the salaries of the policer officer who are responsible for the said act