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Somnath vs The State of Maharashtra

Not available · 2024 INSC 232Decided 18 Mar 2024
Not available
Justice Vikram Nath · Justice Ahsanuddin Amanullah

Background

The appellant, arrested in a 2015 theft case, alleged that while in police custody at Paithan Police Station, Maharashtra, a police inspector took him out of the lock-up, paraded him in handcuffs half-naked with a garland of footwear around his neck, verbally abused him with caste-based slurs, and physically assaulted him, and even unlawfully kept him in custody for hours after a magistrate had already granted him bail. A departmental inquiry substantiated these allegations, but the errant officer received only a "strict warning" as punishment. The Bombay High Court awarded the appellant Rs. 75,000 in compensation but declined to order criminal prosecution of the officer, partly citing a limitation provision under the Maharashtra Police Act.

Decision Breakdown

The Supreme Court strongly condemned the police officer's conduct as a blatant abuse of power and violation of the appellant's personal liberty and dignity, reaffirming custodial safeguards laid down in landmark rulings like D.K. Basu v. State of West Bengal. However, considering that the officer had since retired and had already voluntarily paid an additional Rs. 1,00,000 beyond the High Court's award (on top of Rs. 25,000 awarded separately by the National Human Rights Commission), the Court stopped short of directing criminal prosecution, holding that "justice ought to be tempered with mercy" in these particular circumstances, while still directing the officer to pay a further Rs. 1,00,000 (already complied with). The Court also issued a general direction to all police forces nationwide to strictly follow constitutional and statutory safeguards, plus the D.K. Basu guidelines, whenever arresting or holding someone in custody.

Lesson Learnt

Custodial abuse and public humiliation of an arrested person by police, including caste-based degradation, is a serious violation of fundamental rights that courts will condemn and compensate even years later, though the ultimate relief (compensation versus criminal prosecution) may depend on case-specific factors like an officer's retirement and voluntary restitution.

Official source (sci.gov.in)View Judgment (PDF)

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