Jharkhand HC Orders ₹5 Lakh Compensation For Man Who Was Wrongly Taken Into Police Custody & Tortured, Directs Recovery From Accused Officer

The Jharkhand High Court has ordered a compensation of Rs. 5 lakhs to be paid to a victim of police brutality, directing the amount to be recovered from the accused officer.

Justice Ananda Sen, presiding over the case, held that the petitioner was wrongfully taken into custody and tortured, mandating the recovery from the responsible police officials within two months of payment.

“Since it is an admitted case that this petitioner was wrongly taken into custody and was tortured, the amount will be recovered from the police officials, who had taken the petitioner in custody and have tortured him. The recovery should be made within two moths from the date of payment,” Justice Sen held.

Justice Sen emphasized the inadequacy of the previously sanctioned Rs. 50,000 as compensation, stating, “This Court feels that Rs.50,000/- is not the adequate amount. It is the case where the police had illegally taken into custody this petitioner and taken him to police station and mercilessly assaulted him and kept him confined for three days and thereafter they realized that this petitioner is not the person, who was to be taken into custody, thereafter they released him. This fact is admitted by the State.”

The petitioner, according to the writ petition, was forcefully taken from his home in 2022 by S.I. Ranjit Kumar Yadav, then Officer-in-Charge of Garu P.S., Latehar, along with his two guests, Ajay Bhagat and Ram Kishun Bhagat. They were taken to Garu Police Station, where police officials coerced the petitioner into admitting he was helping naxals and assaulted him with lathis, causing serious injuries. Despite the petitioner's pleas for mercy, the police officials became more violent, resulting in severe injuries, including blood-soaked clothes and visible skin damage.

The counsel for the State informed the Court that Rs. 50,000 had been sanctioned as compensation. However, the Court ordered the compensation enhancement to Rs. 5 lakhs, to be paid by the State within two weeks, acknowledging the brutality of the police's actions.

“Thus, I am inclined to enhance the amount of compensation to Rs.5,00,000 (five lakh), to be paid by the State immediately, preferably within a period of two weeks,” the Court stated.

“It is the case of the State that because of the act, the police officials have also been proceeded against. This sort of act on the part of the respondents demands more compensation. The police officials in most arbitrary manner had taken law in their hands and had tortured a poor citizen of this Country without there being any material against him,” the Court ordered while disposing of the petition.

Appearance:

For the Petitioner (s) : M/s Twinkle Rani and Shailesh Poddar, Advocate.

For the Respondent(s) : Mr. Ashutosh Anand, AAG-III Mr. Binit Chandra, AC to AAG-III

Case Title: Anil Kumar Singh vs State of Jharkhand and Ors

LL Citation: 2024 LiveLaw (Jha) 105

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