Case Note & Summary
The petitioner, Parbatabai Sakharam Taram, a tribal woman belonging to the Gond caste, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking compensation for her wrongful detention, false implication in serious offences, custodial torture, and violation of her fundamental and human rights. She claimed that in 1990, when she was 13 years old and studying in 5th standard, Police Officer A.B. Chavan (since deceased) along with other constables visited her house at midnight, brutally assaulted her and her mother, and took her to the police station without any lady constable. She was wrongfully detained and tortured in police custody, and thereafter falsely implicated in three cases under serious charges including the TADA (P) Act, 1987. The petitioner also invoked the Juvenile Justice Act, 1986 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court, after considering the submissions, found that the petitioner's fundamental rights under Articles 21 and 22 were grossly violated. The court held that the State is liable to pay compensation for such violations and directed the State of Maharashtra to pay Rs. 1,00,000/- to the petitioner within three months. The court also directed the State to initiate departmental inquiry against the erring police officers.
Headnote
A) Constitutional Law - Fundamental Rights - Compensation for Custodial Violence - Articles 21, 22, 226, 227 of the Constitution of India - Petitioner, a tribal minor girl, was illegally detained, tortured, and falsely implicated in serious offences by police officers - Court held that the State is liable to pay compensation for violation of fundamental rights, and directed payment of Rs. 1,00,000/- to the petitioner (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to compensation for wrongful detention, false implication, custodial torture, and violation of fundamental and human rights, including rights under the Juvenile Justice Act, 1986 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
The court allowed the petition and directed the State of Maharashtra to pay Rs. 1,00,000/- as compensation to the petitioner within three months. The court also directed the State to initiate departmental inquiry against the erring police officers.
Law Points
- Custodial torture
- Illegal detention
- Compensation for fundamental rights violation
- Juvenile justice
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- TADA (P) Act
- 1987
