LexSOMNATH versus THE STATE OF MAHARASHTRA & ORS.
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* Author [2024] 3 S.C.R. 1014 : 2024 INSC 232 Somnath v. The State of Maharashtra & Ors. (Criminal Appeal No. 1717 of 2024) 18 March 2024 [Vikram Nath and Ahsanuddin Amanullah,* JJ.] Issue for Consideration Whether criminal proceedings should be initiated against a police officer who has committed excesses on individual in police custody? Headnotes Constitution of India – Article 142, 226 – Appellant verbally and physically assaulted in police custody – Appellant illegally detained for 4 hours despite being granted bail – Sub- divisional Police Officer’s inquiry report found Respondent No. 2 responsible – Special Inspector General of Police imposed punishment of “strict warning” in departmental proceedings – High Court partly allowed Appellant’s writ petition but declined to initiate criminal proceedings – Respondent No. 2 was directed to pay Rs. 75,000/- from his own pocket – Respondent No. 2 paid Rs. 1,75,000/- plus Rs. 25000/- – Respondent No.2 superannuated. Held: Respondent No. 2 committed excesses against Appellant - Supreme Court refrained from initiating criminal proceedings in the peculiar facts – Under Article 226, High Court has power to award compensation – Zero tolerance approach to be taken by courts – Direction to police forces and similar agencies to adhere to all guidelines regarding arrest and police custody. [Paras 21-24] Case Law Cited Delhi Judicial Service Association v. State of Gujarat [1991] 3 SCR 936 : (1991) 4 SCC 406; Sunil Gupta v. State of Madhya Pradesh [1990] 2 SCR 871 : (1990) 3 SCC 119; Prem Shankar Shukla v. Delhi Administration [1980] 3 SCR 855 : (1980) 3 SCC 526; Bhim Singh, MLA v. State of Jammu and Kashmir (1985) 4 SCC 677; D K Basu v. State of West Bengal [1996] Supp. [2024] 3 S.C.R. 1015 Somnath v. The State of Maharashtra & Ors. 10 SCR 284 : (1997) 1 SCC 416; Sube Singh v. State of Haryana [2006] 2 SCR 67 : (2006) 3 SCC 178 – relied on. Nilabati Behera v. State of Orissa [1993] 2 SCR 581 : (1993) 2 SCC 746 – referred to. List of Acts Penal Code, 1860; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Maharashtra Police Act, 1951 List of Keywords Individual dignity; Personal liberty; Excess use of force; Safeguards, arrest; Remand; Police custody; Treatment of detenu; Strict warning; Departmental inquiry; Criminal proceedings; Compensation, superannuated; Belated prosecution; Police officer; Colour of official duty; Commit excess; High-handed action. Case Arising From CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1717 of 2024 From the Judgment and Order dated 08.10.2018 of the High Court of Judicature at Bombay at Aurangabad in CRWP No.215 of 2017 Appearances for Parties Sandeep Sudhakar Deshmukh, Nishant Sharma, Tushar D.bhelkar, Akshay Jagtap, Advs. for the Appellant. Aaditya Aniruddha Pande, Siddharth Dharmadhikari, Bharat Bagla, Sourav Singh, Aditya Krishna, Atul Babasaheb Dakh, Bitu Kumar Singh, Praveen Pandey, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Ahsanuddin Amanullah, J. Leave granted. 2. Heard learned counsel for the parties. 3. The present appeal is directed against the Final Judgment and Order dated 08.10.2018 (hereinafter referred to as the “Impugned 1016 [2024] 3 S.C.R. Digital Supreme Court Reports Judgment”) passed by the High Court of Judicature at Bombay, Bench at Aurangabad (hereinafter referred to as the “High Court”) in Criminal Writ Petition No.215 of 2017 by which the writ petition filed by the appellant was partly allowed and the respondent no.2 was directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from his own pocket to the appellant. BRIEF FACTS: 4. A First Information Report1 bearing Crime No.1-117 of 2015 for an offence punishable under Section 3792 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) was filed by one Mr. Madhukar Vikram Gayake on 14.06.2015 with Paithan Police Station, Taluka Paithan, District Aurangabad, State of Maharashtra (hereinafter referred to as the “PS”) alleging that on 12.06.2015 the complainant had come to attend the last rites of his brother-in-law and was standing in a queue in the holy Nath Temple when some unknown persons took away Rs.30,000/- (Rupees Thirty Thousand only), which he was carrying in his pocket, which he realized only after coming out from the temple. The appellant was arrested at 08:30PM in connection with the said crime on 14.06.
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