Case Note & Summary
The criminal writ petition arose from allegations of police brutality following damage to a Gumbaj of an Idgah in Sindkheda, Dhule district. The ten petitioners, described as followers of Bajrang Dal and social workers, contended that after an FIR (Crime No.22/2002) was registered on 14.03.2002 against unknown persons, the police, in collusion with rivals, embarked on a campaign of illegal arrest, detention, and torture. Petitioners were summoned to Sindkheda police station throughout the day and then shifted to Songir and Nardana police stations. In police lock-ups, they were subjected to brutal physical assault—beaten with sticks, leather belts, fists, and kicks—by various police officers including Police Inspector U.S. Choudhary, P.S.I. Mukund Patil, and S.D.P.O. Rathod. Specific instances of assault were detailed: petitioner No. 1 Mahesh Badgujar was struck on the ears causing significant hearing loss, petitioner No. 2 Deepak Ahire suffered bleeding leg injuries, petitioner No. 3 Prakash Marathe was severely assaulted on both ears leading to permanent hearing disability, and petitioner No. 4 Vinod Wagh was forced to sit inside a tyre and beaten. Petitioners No. 5 to 10 were also allegedly assaulted at Sindkheda police station with sticks and belts, handcuffed, and locked to furniture. The petitioners were taken to the Primary Health Center at Nardana at 3:00 a.m. on 15.03.2002, but the Medical Officer allegedly ignored their injuries and complaints, possibly under police influence. The petitioners sought compensation of Rs.1,00,000 each for violation of fundamental rights, an additional Rs.2,00,000 for petitioner No. 3’s hearing loss, quashing of the FIR, and departmental action against the respondent officers. The matter was heard by a Division Bench (S.S. Shinde and P.R. Bora, JJ.) and reserved for judgment on 03.07.2014. The available text does not include the court’s final decision or reasoning.
Issue of Consideration
Whether police officers violated fundamental rights of petitioners by illegal arrest, detention, and physical torture; whether compensation and quashing of FIR are warranted; whether departmental action should be directed.
Case Details
2014 LawText (BOM) (07) 5
CRIMINAL WRIT PETITION NO.207 OF 2002
Shri C.R. Deshpande for petitioners; Shri K.M. Suryawanshi for respondent nos. 1 and 2; Shri Joydeep Chatterjee for respondent nos. 4 to 8
Mahesh Gangaram Badgujar, Deepak Dashrath Ahire, Prakash Ramdas Marathe, Vinod Ramkrishna Wagh, Hemant Khandu Chitte, Satish Raghuvir Choudhary, Mahendra Shivdas Tamkhane, Prakash Ramdas Bhil, Bapu Motiram Phule, Aba Birbal Bhil
The State of Maharashtra, Superintendent of Police Dhule, Ramesh Laxman Janorkar, Rathod G.S., U.S. Choudhary, Mukund Patil, Shantaram Patil, Altaf Beg Mirza
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Nature of Litigation
Criminal writ petition under Article 226 of the Constitution seeking compensation for alleged violation of fundamental rights due to illegal arrest, detention, and physical assault by police officers, along with quashing of FIR and departmental action.
Remedy Sought
Petitioners sought directions for payment of Rs.1,00,000 each as compensation for violation of fundamental rights, quashing of the FIR, and departmental action against the respondent police officers; additionally, petitioner no.3 sought Rs.2,00,000 for permanent hearing loss due to assault.
Filing Reason
Following registration of Crime No.22/2002 at Sindkheda police station for damage to a Gumbaj of the Idgah, petitioners were illegally arrested and brutally assaulted by police officers, causing injuries and permanent disability.
Issues
Whether the police officers subjected the petitioners to illegal arrest and custodial torture in violation of their fundamental rights.
Whether the petitioners are entitled to compensation for the physical and mental trauma suffered.
Whether FIR No.22/2002 registered at Sindkheda police station should be quashed due to police excesses.
Whether departmental action should be directed against the respondent officers for misconduct.
Submissions/Arguments
Petitioners contended that they were followers of Bajrang Dal and involved in social activities, and that after an FIR was filed regarding damage to the Idgah, police officers in collusion with rivals determined to teach them a lesson. They were called to the police station, kept in lock-up, and brutally assaulted with sticks, belts, fists, and kicks by various police officers, resulting in bleeding injuries and permanent hearing loss for some. They were taken to Primary Health Center at Nardana but the Medical Officer ignored their injuries and complaints under police influence.
Judgment Excerpts
This petition has been filed praying therein for directions to the respondents No.3 to 8 to pay each of the petitioners an amount of Rs.1,00,000/ for violation of their fundamental rights due to illegal arrest, detention, assault and, mental and physical torture to them while they were in police custody.
all the four petitioners and some other persons of Bajrang Dal were taken to Songir police station in the Jeep of L.C.B. Dhule.
Mr.Rathod asked Mahesh as well as Prakash about the commission of the offence. Both of them replied that they do not know anything nor they are involved in the commission of the offence. All of a sudden Police Inspector U.S.Choudhary and P.S.I. Mukund Patil of Songir police station started assaulting petitioners no. 1 and 2.
The petitioner No.l Mahesh has been assaulted by U.S.Choudhary with stick on his back, waist, palms, and the feet. Mukund Patil P.S.I. of Songir police station assaulted Mahesh Badgujar with his hands on his both the ears and because of which the petitioner no.l has lost his hearing capacity to a greater extent.
The petitioners no. 1 to 4 were severely beaten and assaulted and were taken to village Nardana in the Primary Health Center. ... All the petitioners tried to inform the Medical Officer, Nardana that they have been severely beaten and there are injuries on their person and requested him to give the treatment for their injuries. ... but no heed was paid to their request.
Procedural History
The Criminal Writ Petition No.207 of 2002 was filed before the High Court of Judicature at Bombay, Aurangabad Bench, alleging police brutality. The matter was heard and reserved for judgment on 03.07.2014, and judgment was pronounced on 15.07.2014.
