Mumbai: No arrest should be made in a routine manner on mere allegation of offence and it would be prudent for the police to first check its genuineness, the Bombay High Court has said, holding as illegal the arrest of a Thane-based journalist in an extortion case.
A division bench of Justices Revati Mohite Dere and Shyam Chandak, in its judgment of August 22, directed the Maharashtra government to pay a compensation of Rs 25,000 to journalist Abhijit Padale, saying his right to liberty was deprived after he was kept in jail for three days.
The court has also asked the Mumbai police chief to initiate a probe into the conduct of cops from the city’s Vakola police station who arrested the journalist.
Padale had in his plea sought HC to declare his arrest and detention in the case as illegal as the police had not first issued him a notice under section 41A of the Criminal Procedure Code (CrPC).
Under section 41A, the police may issue notice to a person accused in a case to record his/her statement and the person shall not be arrested until the police are of the opinion that arrest is a must.
The high court in its order said the offences against Padale were punishable with an imprisonment of less than seven years and as such notice under Section 41A ought to have been served on him.
The bench noted that the notice was prepared by the police but not served.
“Existence of the notice under section 41A is sufficient to presume that the arrest of the petitioner was not at all warranted,” HC said.
The court said the arrest of Padale was in “stark violation” of the mandates of the CrPC.
The existence of the power to arrest is one thing, the justification for the exercise of it is quite another, the high court said, adding that police officers must be able to justify the reasons for the arrest.
“No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation,” HC said.
The court said the action of the state must be “right, just and fair” but in the present case, all these three cautions have been ignored.
The high court said Padale’s arrest was not legal and his right to liberty was deprived.
Therefore, a departmental enquiry is essential, the HC said directing the Mumbai police commissioner to appoint a deputy police commissioner-rank official to probe into the arrest and the conduct of the cops from Vakola police station.
The bench also directed the Maharashtra government to pay compensation of Rs 25,000 to Padale within ten weeks. The amount shall be "recovered from the police officer/s who are ultimately found responsible for Padale's arrest", it said.
The Vakola police registered an FIR against Padale on a complaint by one Mohammad Siddique on January 15, 2022, under sections 384 (extortion) and 506 (criminal intimidation) of the Indian Penal Code.
Padale was arrested the same day and produced before a magistrate’s court the next day.
The magistrate’s court noted that Padale was arrested without following the guidelines of the notice under section 41A of CrPC and remanded him in judicial custody.
Padale then filed a bail plea which was heard only on January 18 and he was granted bail then.
The journalist also sought a compensation of Rs 5 crore from the police for his illegal detention for three days from January 15, 2022, to January 18, 2022.