The petitioner was illegally arrested despite having paid all dues related to electricity charges, including compounding charges. The arrest was found to be arbitrary and in violation of procedural safeguards stipulated under the Cr.PC and guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. The Bombay High Court ruled the arrest and subsequent detention unlawful, awarding compensation and ordering a departmental inquiry against the officers involved.

Acts and Sections Discussed

1. Sections 135 and 150 of the Indian Electricity Act - Offenses related to the theft of electricity and tampering with electric meters.
2. Sections 41 and 41-A of the Code of Criminal Procedure (Cr.PC) - Governing police powers to arrest and the necessity of issuing notices before arrest.
3. Article 21 of the Constitution of India - Protection of personal liberty and life.

1. Introduction

The petitioner, Alex Isaac, a social worker, was arrested by the RCF Police Station, Mumbai, despite having settled his electricity dues with Adani Electricity, including compounding charges before the arrest.

2. Violation of Procedure

The arrest was made under Sections 135 and 150 of the Indian Electricity Act. However, the police failed to verify the petitioner's payments before detaining him, and the Magistrate did not apply due diligence in authorizing detention.

3. Failure to Follow Cr.PC Provisions

The court noted that the arrest contravened the mandates of Sections 41 and 41-A of the Cr.PC. The police failed to justify the arrest or issue proper notices and record the reasons for arrest as required.

4. Supreme Court Precedents

The judgment referenced several precedents, including Arnesh Kumar and Joginder Kumar, emphasizing that arrest powers must be exercised judiciously and not as a punitive measure, especially when the offense is compoundable and not punishable by imprisonment exceeding seven years.

5. Order and Directions

The court ordered:

• Compensation of Rs. 25,000 to the petitioner within six weeks.
• An inquiry led by an officer not below the rank of Deputy Commissioner of Police.
• The recovery of compensation from salaries of responsible officers if the inquiry finds them culpable.
• A notice to the Magistrate involved regarding non-compliance with judicial responsibilities as outlined in Arnesh Kumar.

Ratio Decidendi

The decision underscores that arrest without proper investigation and compliance with statutory provisions violates an individual’s fundamental rights under Article 21. The court emphasized that the police and judicial officers must adhere strictly to the requirements of Sections 41 and 41-A of the Cr.PC to protect individual liberties and prevent misuse of power.

Subjects:

• Illegal Arrest
• Personal Liberty
• Procedural Compliance
• Article 21
• Indian Electricity Act
• Cr.PC
• Compensation and Inquiry