Case Note & Summary
The case involves a criminal writ petition filed by the wife of an alleged detenu under Article 226 of the Constitution of India seeking compensation of Rs.5,00,000 for the alleged illegal detention and custodial torture of her husband. The petitioner and her husband are residents of Parbhani district, Maharashtra, belonging to the Pardhi community, a denotified tribe. The petitioner contended that on 14th October 2018, her husband, Bharat Shinde, who was the sole breadwinner of the family, was taken into custody by Karnataka Police from Parbhani Railway Station without any reason or information. She alleged that at the time of arrest, her husband was carrying 48 grams of gold ornaments and Rs.90,000 in cash, all of which were taken by the police. Despite her efforts to locate him at various police stations in Maharashtra and Karnataka, no information was provided. She filed a complaint with the National Human Rights Commission on 22nd October 2018, but no cognizance was taken. She also alleged that the police demanded money from her over the phone for her husband's release. She initially filed a habeas corpus petition (Criminal Writ Petition No. 1500 of 2018) before the Bombay High Court. During that proceeding, the Bhalki Police contended that her husband was arrested on 24th October 2018 in Crime No. 18 of 2018. That petition was disposed of after the husband was remanded to judicial custody on 4th December 2018. In the present petition, the petitioner sought compensation for the illegal detention from 14th October to 24th October 2018, alleging that her husband was subjected to third-degree torture and that the police used his ATM card to withdraw a total of Rs.1,09,000 over several days at different locations, including Udgir, Parbhani, and Ahmedpur. The respondent Bhalki (Rural) Police Station filed a reply denying the allegations, claiming that Bharat Shinde was arrested on 23rd October 2018 at 14:00 hours in Parbhani after admitting his involvement in Crime No. 18 of 2018. They stated that formal arrest was recorded on 24th October 2018, and he was produced before the Judicial Magistrate First Class, Bhalki, that day. During interrogation, he allegedly disclosed involvement in 28 similar crimes, leading to the recovery of 330 grams of gold, Rs.45,000 in cash, and a car on 29th October 2018 under Section 27 of the Evidence Act. The court examined the affidavits filed by the petitioner and her husband, the copy of the complaint sent to the National Human Rights Commission dated 22nd October 2018, the bail applications that mentioned the earlier detention, and the bank statement of the husband's account in State Bank of India, Bori. The bank statement showed multiple ATM withdrawals from 21st to 24th October 2018 at Udgir, Parbhani, and Ahmedpur, totaling Rs.1,09,188. The court observed that these were very serious allegations, and if proven true, could have serious consequences. However, the judgment text ends abruptly before the court could pronounce a final decision or order any relief. Therefore, no final verdict, ratio decidendi, or direction is recorded in the available portion.
Headnote
A) Criminal Procedure - Illegal Detention and Custodial Torture - Article 226, Constitution of India; Sections 380, 457, Indian Penal Code, 1860; Section 27, Indian Evidence Act, 1872; D.K. Basu v. State of W.B., AIR 1997 SC 610 - Petition for compensation for alleged illegal detention from 14.10.2018 to 24.10.2018 and torture by Karnataka Police - Petitioner's husband alleged he was taken from Parbhani Railway Station on 14.10.2018, not produced before magistrate till 24.10.2018, and police used his ATM card to withdraw Rs.1,09,188 over several days - Police claimed arrest on 23.10.2018 and formal arrest on 24.10.2018, with seizure of gold and cash later - Court examined affidavit evidence and bank statement, noting the serious nature of the allegations, but the judgment remains incomplete without a final order (Paras 1-13).
Issue of Consideration
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