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HC asks state to pay Rs One lakh as compensation to a man for illegally detaining him

Mumbai Oct 5 (UNI) Bombay High Court directed the Maharashtra government to pay a Rs one lakh as compensation to a businessman from Karnataka after declaring the custody of petitioner as “illegal and without lawful authority” in a cheating case. A bench of Justices Revati Mohite Dere and Sandesh D Patil in its order delivered last week on a plea by Vasantha Perampally Nayak belonging to Udupi district in Karnataka, seeking a declaration that his arrest on October 23, 2024, was illegal.
Senior advocate Aabad Ponda, for the petitioner, also sought a departmental inquiry against two officers from Bandra Police station and compensation from the state towards “deprivation of petitioner’s liberty and for the humiliation and stigma faced by him.”
After hearing the petitioner at length the bench observed, “We find that there has been gross abuse of law, resulting in the petitioner’s arrest and his custody of 20 days in jail. We, as Constitutional Courts cannot be oblivious to the same. Arrest of an individual is a serious matter. Arrest brings humiliation, curtails freedom and casts scars forever. The Apex Court has time and again frowned on unnecessary arrests even in non-bail able offences.”
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