Kerala High Court Directs Police Chief To Issue Instructions To Ensure Citizens Are Not Illegally Detained, Arrested Due To Mistaken Identity

In the facts of the case, the petitioner was wrongly detained and arrested by the police in a case of mistaken identity.

Justice Gopinath P. ordered that the identity of persons should be clearly established before police officials arrest or detain citizens to prevent any illegal invasion into the life and liberty of innocent citizens. The Court said:

“The facts, therefore, bring out the urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise…..“I deem it appropriate to direct the State Police Chief to come out with suitable instructions to ensure that similar instances of arrest or detention, on the basis of the wrong identity, does not result in the invasion into the life and liberty of innocent citizens.”

In the present case, the petitioner was a 38-year-old woman employed as a tuition teacher who approached the Court seeking direction to the police to refrain from harassing her and her family members. She also sought directives from senior police officials to register criminal cases against police officers involved in the harassment. The petitioner also sought compensation of rupees 10,000 for illegally arresting and detaining her.

The petitioner and her husband were arrayed as accused in a crime alleging the commission of offences punishable under Sections 420 (cheating), 468 (forgery for cheating) and 471 (using as genuine a forged document) read with Section 34 (common intention) of the IPC. The allegation was that the petitioner's husband took money from certain persons by promising abroad. It was alleged that those persons were brought back to India without offering jobs as promised. The petitioner alleged that even though there were no allegations against her, she was also arrayed as an accused to pressure her husband.

Despite obtaining anticipatory bail, the petitioner was forcibly apprehended by certain police officers at her residence. They allegedly outraged her modesty by pushing her into the police jeep using vulgar and obscene language. The petitioner alleged that police will punish cheats and fraudsters in whatever manner they please, disregarding the authority of the courts. It was further alleged that even in the police station, she was threatened to pay five lakh rupees to some lady and was detained there till late evening.

The petitioner alleged that even news had reported the incident that she was illegally detained on a case of mistaken identity. She further alleged that she was detained illegally to seek revenge on her husband.

Relying upon Vipin P.V. v. State of Kerala (2013), State of Kerala and Others v. Shyam Balakrishnan (2019), it was stated that citizens were entitled to compensation if they were subjected to illegal arrest and detention.

On the other hand, the Government Pleader stated that police arrested the petitioner under the belief that a non-bailable warrant was issued against the petitioner. It was argued that upon discovering that the non-bailable warrant was issued for another woman and not the petitioner, she was immediately released by the police. They denied allegations of using force and abusive language against the petitioner.

The Court found that the name and address given in the non-bailable warrant were strikingly similar to that of the petitioner. It noted that the police also filed an affidavit stating that they detained the petitioner genuinely believing that a non-bailable warrant was issued against the petitioner.

The Court observed that victims were entitled to compensation in cases of gross violation of human rights due to illegal detention. In this case, the Court stated that the act of police was an abuse of the process of law and violative of the fundamental rights of the citizen. However, it stated that this was not a case where police planned to detain the petitioner to curtail her liberty or to harass her but were executing a non-bailable warrant.

Thus, the Court stated that the petitioner was not entitled to compensation. However, it directed the State Police Chief to ensure that innocent citizens were not illegally detained or arrested on mistaken identity.

Counsel for Petitioner: Advocates V.Jayapradeep, Ann Susan George O.A.Nuriya, D.S.Lokanathan, Alan Priyadarshi Dev, Anisha Emerson

Counsel for Respondents: Senior Government Pleader Thushara James, Advocate Mansoor B H

Citation: 2024 LiveLaw (Ker) 395

Case Title: Shalet v State of Kerala

Case Number: WP(C) NO. 37943 OF 2018

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