Court Orders State to Pay Rs. 10 Lakhs to Victim and Rs. 1 Lakh Each to Family Members for Violation of Fundamental Rights
In a landmark decision, the Kerala High Court has awarded a compensation of Rs. 10 lakhs to V.K. Thajudheen, a victim of wrongful arrest and detention, and Rs. 1 lakh each to his family members for the mental agony, trauma, and harassment they suffered due to the actions of the police. The court ruled that the State is liable for the violation of Thajudheen's fundamental rights under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
The judgment was delivered by Justice P.M. Manoj, who highlighted the gross misconduct of the police officers involved in the case. Thajudheen, who was on a short leave from his job abroad to arrange his daughter's marriage, was falsely implicated in a chain-snatching case, leading to his arrest and detention for 54 days. The ordeal continued as he faced further imprisonment in Qatar due to his inability to report back to work on time, resulting in the loss of his job.
The court found that the wrongful arrest and the subsequent public and media trial amounted to a serious breach of Thajudheen's fundamental rights. The court emphasized that such actions not only violated his rights but also caused irreparable damage to his reputation and mental well-being. The judgment underscored the importance of holding the State accountable for the misconduct of its officers and ensuring that such incidents do not recur.
The court also stated that the State has the liberty to recover the compensation amount from the erring officers after following due procedure. The compensation awarded is intended to serve as a deterrent against future violations of fundamental rights by law enforcement authorities.
This case reinforces the court's commitment to safeguarding the rights of individuals against unlawful actions by State authorities and underscores the judiciary's role in upholding the rule of law and ensuring accountability.
Bottom Line:
Compensation awarded under public law remedy for illegal arrest, detention, and violation of fundamental rights under Article 21 of the Constitution of India.
Statutory provision(s): Article 21, Article 32, Article 226 of the Constitution of India, Section 164 of Cr.P.C., Section 392 of IPC
V.K. Thajudheen v. State of Kerala, (Kerala) : Law Finder Doc Id # 2836533
