Police's non-compliance with statutory safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023 leads to quashing of proceedings and Rs. 1 lakh compensation to petitioner.
In a landmark decision, the Chhattisgarh High Court, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, has quashed the illegal arrest of Akash Kumar Sahu, a hotel owner from Bhilai, District Durg, and ordered the State to compensate him Rs. 1,00,000 for violation of his fundamental rights. The judgment underscores serious lapses in police conduct and judicial oversight, as enshrined in the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Constitution of India.
The petitioner, Akash Kumar Sahu, alleged that he was unlawfully detained by police officials without being informed of the grounds of his arrest, in violation of Articles 21 and 22 of the Constitution. The police purportedly arrested Sahu on suspicion of creating disturbance, without registering any cognizable offence against him. Moreover, the arrest memo failed to indicate any substantive offence, as required by law.
The court noted that the police did not issue the mandatory notice of appearance under Section 35(3) of the BNSS, 2023, which rendered the arrest illegal. The High Court criticized the police's arbitrary actions and the mechanical exercise of power by the Magistrate in remanding Sahu to custody without verifying the legality of the arrest or the necessity of detention.
The court further emphasized that the Magistrate's role is not routine and must include verifying the existence of an offence and the need for detention. Citing precedents such as Arnesh Kumar v. State of Bihar and Joginder Kumar v. State of U.P., the court reiterated that mechanical remand without proper investigation is unsustainable.
In addition to quashing the arrest, the court underscored the importance of protecting human dignity against custodial harassment and emphasized the State's responsibility to compensate for the breach of fundamental rights. The court ordered the State to pay the compensation within four weeks, with the liberty to recover the amount from the erring officials after due inquiry.
This decision highlights the judiciary's role in upholding constitutional safeguards and the need for strict compliance with statutory provisions to prevent misuse of power by law enforcement agencies.
Bottom Line:
Illegal arrest, detention, and remand without compliance with statutory safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023, violate Articles 21 and 22 of the Constitution of India and warrant compensation for breach of fundamental rights.
Statutory provision(s): - Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 35, 47, 170, 187(2)
- Articles 21, 22, 226 of the Constitution of India
Akash Kumar Sahu v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2842865
