The Bombay High Court's Nagpur bench concluded that the activist's apprehension violated Articles 21 and 22 of the Constitution, demanding a Rs 2 lakh deposit within eight weeks. Plainclothes Gadchiroli police seized him in an unnumbered vehicle immediately after his September 2011 prison release, despite his earlier acquittals and discharges spanning nine cases. Furthermore, judges noted that a magistrate remanded him into custody without addressing his immediate objections regarding the improper detention.
Key points
Police officers violated fundamental constitutional rights by failing to maintain diary e…: Police officers violated fundamental constitutional rights by failing to maintain diary entries or written authorization for the apprehension.
Authorities failed their legal duty to communicate the specific grounds of the arrest to…: Authorities failed their legal duty to communicate the specific grounds of the arrest to the detainee or his waiting family.
The judiciary determined that state security arguments did not excuse bypassing standard…: The judiciary determined that state security arguments did not excuse bypassing standard statutory procedures and protections during detentions.
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NAGPUR: Bombay HC has directed Maharashtra govt to pay Rs 2 lakh compensation to activist Arun Ferreira, ruling that his arrest outside Nagpur Central Prison in 2011 violated his fundamental rights under Articles 21 and 22. Partly allowing his 2012 plea, the Nagpur bench ordered the govt to deposit the amount in court within eight weeks.
No diary entry showing arrest of activist Ferreira, says courtArun Ferreira was arrested on May 8, 2007 by Nagpur police and later implicated in several other cases registered in Gondia and Chandrapur. He was acquitted in eight cases and discharged in one. After his last acquittal by a Chandrapur sessions court on Sept 23, 2011, he executed a bail bond and was released on Sept 27.
Ferreira’s counsel said after he came out of Nagpur jail around 2:30 pm, plainclothes personnel from Gadchiroli police forced him into an unnumbered vehicle without identifying themselves or stating any reason, even as his mother, brother and lawyer waited outside the prison. His lawyer, Surendra Gadling complained to police, describing the act as an abduction.
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