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LATEST NEWS UPDATES | Supreme Court awards Rs. 2 lakh for illegal custody by J Venkatesan

Supreme Court awards Rs. 2 lakh for illegal custody by J Venkatesan

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published Published on Dec 7, 2011   modified Modified on Dec 7, 2011

Teacher running coaching centre wins appeal against M.P. Government

The Supreme Court has directed the Madhya Pradesh Government to pay a compensation of Rs. 2 lakh to a teacher running a coaching centre for handcuffing and keeping him in police custody without any valid reason.

A Bench of Justices Aftab Alam and Ranjana Desai, however, rejected appellant Hardeep Singh's plea for prosecution of the Jabalpur Collector and other government officials for want of sanction.

The prosecution case stated that the appellant was arrested in June 1992 on a charge of demanding money from students for giving them question papers for the pre-medical test in three subjects.

He was handcuffed and taken to the police station and his photographs had appeared in the media.

The trial went on for 12 years and finally he was acquitted.

Contending that he was arrested, handcuffed and tried without a valid reason, he filed writ petitions for prosecution of the officials and claimed compensation for illegal custody. Though a single judge rejected the petitions, the Division Bench awarded Rs. 70,000 as compensation and dismissed the other petition for prosecution of officials.

The present appeals were directed against these judgments.

Disposing of the appeals, the Bench said: “The State Government has declined to grant sanction and the High Court has rightly found that the order of the State Government does not suffer from any infirmity and does not warrant any interference by the court. The prayer of the appellant, therefore, to send the accused behind bars cannot be entertained.”

On compensation, the Bench said: “We find that in the light of the findings of the Division Bench of the High Court, the compensation of Rs. 70,000 was too small and did not do justice to the sufferings and humiliation undergone by the appellant. We feel that a sum of Rs. 2 lakh would be an adequate compensation to the appellant and would meet the ends of justice.”

The Bench, while directing the Government to pay Rs. 2 lakh, said that if Rs. 70,000 had already been paid, the State would pay Rs. 1.30 lakh only.

* Held for allegedly demanding money for giving the students PMT question papers

* The trial went on for 12 years and finally the accused was acquitted

The Hindu, 7 December, 2011, http://www.thehindu.com/todays-paper/tp-national/article2693237.ece


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