SC asks 2 police officers to compensate woman arrested in violation of its order
The incident occurred in 2021 when the women, a nurse by profession, approached the top court on November 17, same year seeking anticipatory bail in a case of cheating
The Supreme Court pulled up two Mumbai police officials who had kept a woman in illegal custody for 24 hours despite knowing that she had got two weeks protection from the top court to surrender in a case of cheating.
A bench of justices Sanjay Kishan Kaul and Ahsanuddin Amanullah said, “We don’t expect the police officers to behave in this manner and that too in the teeth of the order of this Court.”
They were directed to compensate the woman by paying her ₹15,000 out of their own pockets within two weeks.
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The incident occurred in 2021 when the women, a nurse by profession, approached the top court on November 17, same year seeking anticipatory bail in a case of cheating.
The Court allowed her to withdraw the petition while granting two weeks to surrender and seek regular bail before the concerned court at Bandra.
Two days later, police arrested and kept her in detention for 24 hours till she obtained bail from the trial court.
The police took her into custody despite being told about the top court’s decision.
Last year, the woman filed a contempt petition before the top court against the two police officials, both posted as assistant sub-inspector (ASI) with Khar police station, who had taken her into custody.
The police officers filed their response before the Court offering their unconditional apology and their willingness to compensate the victim.
Passing the order on Monday, the bench said, “The respondents (alleged contemnors) in the contempt proceedings are cautioned to be careful in future.”
Further proceedings in the case got closed as the Court further added, “The petitioner will be compensated with the amount of ₹15,000 for the illegal detention for one day which will be shared by both the respondents and the payment to be made within a period of two weeks.”
The woman stated in her petition that she was arrested by the police from the hospital where she was employed causing her immense trauma and humiliation.
The case where she was accused related to a complaint of cheating and forgery by a person who was related to her. Later, the case was settled between the parties.
After her arrest, when the police produced her before the court of chief metropolitan magistrate (CMM), Bandra on November 20, 2021, the CMM refused to grant remand.
On being shown the top court’s three-day old direction, the magistrate recorded in the order that the arrest of the accused was not justified.
