MUMBAI: A recent judgment delivered by the Bombay High Court ruled in favor of a petitioner seeking compensation for $1 lakh for the wrongful arrest of her husband, condemning the arbitrary actions of a police officer involved.

The petition was filed by Ratna Chandrakant Vannam under Article 226 (power of high court to issue certain writs) of the Constitution, against the wrongful arrest of her husband, Chandrakant Vannam. The court found the arrest to be unjust and an abuse of power, and ordered the state to pay compensation for the illegal arrest and mental harassment caused to the family.

In September 2012, the couple undertook repairs to their bungalow in Siddharth Nagar, which was damaged by heavy rains. His neighbor, Jagadevi Surakant Bhagode, allegedly demanded $20,000 to allow for repairs, threatening to use their connections to involve the police if they did not pay. The couple tried to lodge a complaint at the Wadala TT police station, but Assistant Police Inspector (API) Tukaram Jadhav refused to register it, saying it was a BMC matter. Following this, Chandrakant Vannam and the laborers working on the cabin were arrested on charges of “unauthorized construction”.

Advocate Suvidha Patil, representing Vannam, argued that API Jadhav had no reason to arrest her husband and the workers without cause. Furthermore, Jadhav had allegedly demanded a bribe from $10,000 to resolve the matter. Patil pointed out inconsistencies in the station’s records and suspicion of falsification of receipts issued for fines paid.

On behalf of the State, Additional Public Prosecutor DJ Haldankar claimed that the construction posed a danger to Bhagode’s property and justified police intervention. However, the court observed that the police had relied solely on Bhagode’s complaint without verifying the facts, reflecting bias and misconduct.

A division bench headed by Justices Bharati Dangre and Manjusha Deshpande found API Jadhav’s actions unjustified and noted that the arrest was made under inappropriate provisions and without due process. He criticized the Maharashtra police for not conducting a thorough investigation and punished Jadhav with a $ 2,000 fine for not submitting the required affidavit when the couple complained, despite the serious allegations. The court stressed that police officers must exercise their power prudently and that detention without reasonable cause is a violation of rights. Observing that Vannam’s detention was a clear example of abuse of power, the court ordered the Maharashtra government to compensate Vannam with $1,00,000, which can be recovered from those responsible, including API Jadhav.