MUMBAI: The Bombay high court declared illegal, the March 2013 arrest of a police inspector Sambhaji Patil a recipient of the President’s medal, for a faulty probe in a murder case and directed the State to compensate him with Rs 2 lakh. Patil sought an inquiry against the additional superintendent of police, Satara, who had arrested him.
In 2004 Patil had also Director General of Police insignia for rendering excellent service.
Pronouncing the judgment on Monday, a division bench of Justices A S Chandurkar and Rajesh Patil held that the arrest was indeed in violation of the 52 year old police officer’s fundamental rights. The HC disposed of Patil’s petition that was filed in 2013, when he was 52 years old.
The HC after hearing both sides and perusing all the record, held that after arresting Patil “without an arrest warrant’’ the officer should have produced him before his superior officer as mandated under criminal procedural code section 56.
A police officer arresting without a warrant is required to take the person arrested before a magistrate or before the officer in charge of a Police Station, without unnecessary delay. Additional SP Amol Tambe, who had effected Patil’s arrest did not, the HC noted and directed State to compensate him in eight weeks. The HC said the State may recover the Rs 2 lakh pay out from officers found derelict in their duty