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Bombay HC Orders Compensation and Inquiries Over Illegal Arrest and Detention

The rulings require recovery from responsible officials’ salaries with a compliance review set for December 4.

Overview

  • On September 29, the Bombay High Court declared Vasantha Perampally Nayak’s 20-day custody by Mumbai Police illegal and directed the state to pay him Rs 1 lakh within six weeks.
  • The court told the Mumbai police commissioner to appoint a DCP-rank officer to conduct a departmental inquiry within eight weeks, with compensation to be recovered from those found responsible.
  • The bench noted Bandra police invoked non-bailable Section 409 IPC without superior approval, calling the arrest a gross abuse of law that evaded Section 41A CrPC safeguards.
  • On October 1, the Aurangabad bench quashed a Jalgaon preventive detention order against 20-year-old Dikshant Sapkale, termed it a colourable exercise of power, and awarded Rs 2 lakh in compensation.
  • The Aurangabad bench cited delayed service of the detention order and English-only documents instead of Marathi as incurable defects, and directed recovery of the payout from the magistrate’s salary.