Bombay HC Awards ₹1 Lakh Compensation To Widow For Husband's Wrongful Arrest In 2012, Slams Police Misconduct

Mumbai: The Bombay High Court recently directed the State of Maharashtra to pay Rs 1 lakh in compensation to Ratna Chandrakant Vannam, for the unlawful arrest of her husband in 2012. The court also raised serious concerns about police misconduct and the failure to hold officers accountable.

A bench of Justices Bharati Dangre and Manjusha Deshpande criticised the authorities for their lax attitude in cases of police wrongdoing. “We had already expressed our anguish in no uncertain words in our order dated August 14, 2013, specifically by recording that the allegations against the police officers are taken very lightly and casually and the citizens are not believed as a matter of course. Here is a classic example,” the bench said.

The case stemmed from an incident in September 2012 when the Vannams were repairing their Sion Koliwada home damaged in the rains. Their neighbour, Jagadevi Bhagode, allegedly demanded Rs 20,000 and, upon refusal, lodged a complaint accusing the couple of illegal construction.

When the Vannams went to the Wadala TT Police Station to report the harassment, Assistant Police Inspector (API) Tukaram Jadhav refused to register their complaint. Instead, Chandrakant and five workers were arrested, and fines were demanded for their release.

Ratna alleged that Jadhav sought Rs 10,000 to close the case and later demanded Rs 12,000 for her husband’s release. While she managed to pay Rs 1,200 per worker to secure their release, she could not immediately pay for her husband, who was released later on bail.

The court criticised Jadhav’s actions, observing that Chandrakant’s arrest was “completely unwarranted”. “Even if assuming that there was power of arrest, it did not make it imperative for a police officer to effect the arrest,” the bench remarked, adding that alternative remedies should have been explored.

The judges were particularly critical of the disciplinary proceedings against Jadhav, which imposed a mere Rs2,000 fine for failing to file an affidavit rather than addressing the misuse of power. “We are astonished by the approach of the Respondent authorities… Instead of addressing the misconduct, the inquiry focused solely on Jadhav’s failure to file an affidavit,” the court underlined.

The court concluded that Jadhav’s actions reflected an abuse of power. “The arrest in the above circumstances is a classic example of the abuse and misuse of powers by the police officials, and for their act, the petitioners (Vannams) had to suffer,” it added.

The court directed the State to pay Rs 1 lakh in compensation to Ratna, with the liberty to recover the amount from Jadhav and other responsible officers. It also urged senior police officials to ensure compliance with its earlier orders to address systemic failures, saying: “We leave it to the good conscience of the higher ups in the Police Department to ensure compliance of our orders…. if it is permissible and possible after more than a decade.”