State Directed to Pay Rs. 5 Lakh for Violations of Fundamental Rights; Costs to be Recovered from Erring Officials
In a landmark judgment, the Patna High Court has ruled in favor of a minor, Md. Jahid, who was unlawfully detained by the State of Bihar, ordering a compensation of Rs. 5,00,000 to be paid for the violation of his fundamental rights under Article 21 of the Constitution of India. The court also awarded Rs. 15,000 towards litigation costs, directing that these amounts be recovered from the officials responsible for the illegal detention.
The case arose when Md. Jahid, a minor, was arrested and detained in violation of established legal procedures and his fundamental rights. Despite being shown in the chargesheet as not sent up for trial, he was apprehended without court permission for further investigation. The arrest was influenced by a supervision note from the Deputy Inspector General of Police, Koshi Range, Saharsa, which assumed the allegations against the accused to be true without sufficient evidence. This action was found to be arbitrary and contrary to the principles of criminal jurisprudence, particularly the presumption of innocence.
The court highlighted the failure of both the investigating officer and the learned Magistrate to adhere to legal protocols, resulting in the minor's detention in an adult jail. It was only after the intervention of the High Court that the jurisdictional Magistrate referred the minor to the Juvenile Justice Board for age assessment, confirming his status as a juvenile.
The bench, comprising Justices Rajeev Ranjan Prasad and Ritesh Kumar, emphasized the state's responsibility in safeguarding the fundamental rights of its citizens and holding public officials accountable for their actions. The judgment mandates the Director General of Police, Bihar, to conduct an inquiry and recover the compensation and costs from the erring officials within six months.
This decision reinforces the judiciary's role in upholding justice and the rule of law, particularly in cases involving vulnerable individuals like juveniles. It serves as a reminder of the importance of procedural fairness and the accountability of public officials in the exercise of their powers.
Bottom Line:
Habeas Corpus - Illegal detention of a juvenile - Arrest and detention without compliance with the established procedure of law violates the fundamental right to life and liberty under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 126(2), 115(2), 76, 308(2), 109, 303(2), 3(5), 191(2), 191(3), 190, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023
Md. Jahid (Minor) v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2836041
