Bombay High Court terms arrest of journalist illegal, awards compensation

Bombay High Court rules against illegal arrest, orders compensation for journalist, emphasizes protection of constitutional rights.

In a significant order on premature arrests, a Division Bench of the Bombay High Court said no person could be arrested merely on allegations of committing some offence whose genuineness was not even cleared or checked by the police.  

The Bench of Justices Revati Mohite Dere and Shyam Chandak, in a judgment on August 22, that was made available on August 27, made these observations on the illegal arrest of a Thane-based journalist Abhijit Arjun Padale. Mr. Padale was arrested on charges of extortion and criminal intimidation, both of which provide for a maximum punishment of up to four years and three years, respectively. 

“The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person,” the Bench observed.  

The judges also noted, “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 for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person his/her liberty is a serious matter.” 

The Bench directed the Maharashtra government to pay a compensation of ₹25,000 to the journalist within 10 weeks from the date of uploading the judgment and order on the official website of the High Court for keeping him deprived from his right to liberty in prison for three days.  

The High Court also asked the Mumbai Commissioner of Police to appoint an officer not below the rank of Deputy Commissioner of Police, to conduct an inquiry regarding the arrest of the journalist and conduct of the police officers of the Vakola police station. The probe needs to be completed within eight weeks. 

In his petition, Mr. Padale sought the High Court to declare his arrest and detention in the case as illegal as before arresting him, the police did not issue any notice under Section 41A of the Criminal Procedure Code (CrPC).