June,4,2016:
Judgment of Apex Court details how a mother and daughter were ill-treated by M.P. police
In a judgment delivered on Friday, the Supreme Court held that Illegal use of power of State to rob a person of her personal liberty is a serious assault on the citizen’s identity and constitutional right to dignity, .
In a tearing verdict against excesses committed by police , the Apex court shared the details the behaviour of a police team from Madhya Pradesh which had gone from Bhopal to Pune in order to arrest a 70 Yrar old Lady lawyer and her daughter who is a Doctor .
Accused of fraud
The 27-page SC judgment gives complete details of how the mother-daughter ladies, were cruelly ill-treated and harassed by the police team. In order to buy back their freedom they had to pay Rs. 5 lakh as bribe of to a senior police officer. The allegation against the accused is of fraud and offences under the now extinct Section 66-A of the Information Technology Act, and both have been declared unconstitutional by the Supreme Court,
The Judgment was pronounced by Bench of Justices Dipak Misra and S.K. Singh. They narrated the story of two women. It is revealed that they were denied food and water, medical help for the old Lady.
Quashes criminal case
While quashing the criminal case against the women, Justice Misra, who dictated the judgment for the Bench, directed Madhya Pradesh State to pay Rs. 5 lakh each as compensation to the mother, who is an Advocate with 36 years experience at Bar.
The judgment observed,“The Court thinks that the dignity of the petitioners lady, a doctor and a practicing Member of the Bar has been seriously jeopardized. Dignity is a highly cherished value and evidently the liberty of the petitioner was curtailed in violation of law,”
‘Assault on individual identity’
The SC Bench explained as to how an illegal assault on an individual’s liberty can lead to disillusionment, and how it can shake the faith of a Citizen in the rule of law.
‘Procedure not followed during arrest’
Justice Misra observed,“The two Mother-Daughter duo were arrested without due procedure of Law and were put in a compartment of a train without producing them before the area Magistrate.
The judgment was passed on a plea of Dr. Rini Johar and her mother Ms. Gulshan Johar, after their arrest in November 2012 the “humiliation” they faced at the hands of the police team.
Read Judgment Here-
SC Judgment on Dignity of Arrested Person
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