Bombay High Court Orders Compensation To Music Teacher Illegally Detained In Bailable Offence, Allegedly Stripped In Custody

The Bombay High Court has ordered Rs. 2 lakh compensation for a music teacher who was illegally detained by the Tardeo Police and allegedly stripped naked to humiliate him in a bailable offence.

“In the peculiar facts, although not prayed, we are of the opinion that compensation ought to be awarded to the petitioner’s husband not only for violation of law, but also for violation of his fundamental right under Article 21 of the Constitution i.e. right to live with dignity. The Courts are not powerless or helpless, while exercising their powers under Section 226, when on the face of it, there is infringement/violation of the fundamental right of a citizen.”

Justice Revati and Gauri Godse noted how the right to compensation is “palliative” against the unlawful acts of State machineries, who claim to act in public interest and then use the State’s powers as a shield to protect themselves.

“The facts as narrated, smacks of police high handedness. It smacks of their insensitivity. It reveals their lack of knowledge of the legal provisions and judgments of the Apex Court, vis-a-vis grant of bail. This action of the police has resulted in unjustified trauma-physical, emotional and mental to the petitioner’s husband.”

The court ordered for State to make the payment of Rs. 2 lakh but for the money to be recovered from the salaries of concerned officers of Tardeo Police Station and Saat Rasta Lock-up after liability is fixed following a detailed enquiry.

The High Court passed the order in a habeas corpus petition filed the man’s wife. “It is pertinent to note, but for the petitioner (wife) approaching this Court immediately on the next day i.e. on 18th July 2023 and production being granted XXX could have been detained for a longer period… Not everyone has the means, the capacity and the wherewithal to approach the Court and to even take cudgels with the police.”

In the detailed affidavit, the teacher said he was accused of stalking under section 354A of the IPC by his student, an accusation he could negate with recordings of the student apologising to him for her physical advancements. Anyhow, he was called to Malad police station and Tardeo police station eight times. He was made to wait at the police station for seven to twelve hours on some occasions, he claimed.

Initially the police told him they had received a complaint from his student that he had spoken indecently with her and increased fees from Rs. 2,500 to Rs. 3,500.

The matter was transferred to Tardeo police and he was handed a notice under section 41A of the CrPC. On one hand the police weren’t co-operating with us one bit and on the other side they were influencing us, almost threatening us, to not engage a lawyer, he said.

He narrated in thread bare detail the night of July 17, when he was called to Tardeo police station, put in the lockup at Saat Rasta and stripped naked, only to be released the following day when the court took cognisance of his wife’s petition.

The court noted, though the FIR was lodged against XXX on July 7, 2023, the FIR copy was not submitted at the local magistrate’s court the next day but only after XXX’s wife approached the HC.

Hence, in the peculiar facts, the State must repair the damage done to the petitioner's husband’s right, by its officers, Court said.

“Article 21 of the Constitution guarantees right to life and liberty and the said right includes the right to live a dignified life. The police, as noted above, have on the face of it, violated this fundamental right to life and liberty guaranteed to XXX under Article 21 of the Constitution.”

The court ordered the inquiry against officers despite their unconditional apology.

Advocates Kripashankar Pandey and Darshan Juikar appeared for petitioner.