Bombay High Court granted Rs 50000 compensation each to the lawyer and ex-serviceman. (Image generated using AI)Bombay High Court: The Bombay High Court recently directed the state government to pay Rs 50,000 compensation each to a lawyer and an ex-serviceman, observing that they suffered ‘unwarranted humiliation and indignity’ after being handcuffed by police.A division bench of Justices Urmila Joshi Phalke and Nivedita P Mehta found that the actions of the police personnel violated established legal guidelines and the fundamental rights.“The respondents (cops)…subjected the present petitioners to an unwarranted humiliation and indignity which cannot be done to any citizen of India and accordingly they are entitled for the compensation,” the court said on April 21. Justices Urmila Joshi Phalke and Nivedita P MehtaComplaint and cross-complaintAccording to the petitioners, they went to the police station to lodge a complaint against two individuals alleging that they had caused damage to the ex-serviceman’s vehicle. The opposite party filed a cross-complaint alleging that he was manhandled by the petitioners.It was contended by the petitioners that after the cross-complaint a preventive action was taken against them and they were detained in the police station. It was further alleged that they were ordered to remove all their clothes except the undergarments and were taken to the tahsildar’s office in a handcuff position.In its reply, the cops stated that both the complaints (by petitioners and the cross-complainant) were treated as non-cognizable. The reply further stated that the cross-complainant had apprehended an attack from the petitioners and informed the police that there was a likelihood of assault.In view of a mob of 15 to 20 persons gathering at the spot, the cops claimed preventive measures were necessary, leading to the detention. The allegations that the petitioners were made to remove all their clothes except undergarments were, however denied.Also Read | Bombay HC orders tests for 2 women in 50s seeking ART pregnancy‘Exceeded their limits’The Bombay High Court noted that there was no evidence to show that they were habitual offenders or hardened criminals to be handcuffed.“Judicial notice is taken of the fact that the police and the jail authorities are even now using handcuffs and other fetters indiscriminately and without any justification,” the Bombay High Court noted.It was observed that the primary responsibility of the cops was to protect and uphold the law; however, they not only violated the law but also violated the guidelines issued by the apex court on handcuffing.“It may not be out of context to remind that the motto of Maharashtra State Police is “Sadrakshnaya Khalanighrahanaya” (Sanskrit: “To protect good and to punish evil”), which needs to be respected,” the bench said.Story continues below this adIt further added that those who are called upon to administer the criminal law must bear in mind that they have a duty not merely to the individual accused before them but also to the state and to the community at large.The court remarked that such incidents involving police usually tend to deplete the confidence in the criminal justice system much more than those incidents involving private individuals.In a stringent observation, the court ruled that the cops had exceeded their limits and thus committed an error in taking the undertrial prisoners handcuffed.The court, therefore, held them guilty of violation of the fundamental rights of the petitioners and ordered the state to pay the compensation.Story continues below this ad8-week deadlineThe compensation of Rs 50,000 each shall be paid by the state to the present petitioners within a period of eight weeks.The amount of compensation will be deposited in the court.As far as the other prayer of the petitioners is concerned, the departmental enquiry against the respondents 5 to 7 (cops) is already held, and the punishment for their misconduct is already imposed, and therefore, the prayer of the petitioners in clause (i) is rejected.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdTags:Bombay High Court