Aurangabad: The Aurangabad bench of the Bombay high court has directed the Andhra Pradesh and the Maharashtra governments pay a compensation of Rs 1 lakh to a man from Parbhani for illegal detention in 2006.
Radha Subhash Maid, a housewife from Bori in Jintur taluka of Parbhani district, had filed a habeas corpus writ petition in the high court to direct the Andhra Pradesh and the Maharashtra police to search and produce her husband before the court. She had also sought a consequential relief of compensation of Rs 10,00,000 for illegal detention of her husband.
While allowing the petition, the bench comprising Justice T V Nalawade and Justice Sunil Kotwal, said, “Both the state governments to jointly pay the compensation amount of Rs 1 lakh to the petitioner or to Subhash Maid within 45 days from the date of this order (July). If the amount is not paid within 45 days mentioned, the amount shall carry interest at the rate of 9 per cent per annum.”
“There will be liberty to both governments to fix the responsibility on the respective police officers for illegal detention of Subhash Maid and government can recover the amount from the respective officers,” the bench said.
“Police personnel from both Srikakulam (Andhra Pradesh) and city, had visited Bori where the petitioner’s husband was working as a goldsmith. They took him away to Andhra Pradesh though no offence was registered against him either in Maharashtra or in Andhra Pradesh,” said Siddheshwar Thombre, lawyer who represented Radha.
The woman was informed by the police that an offence has been registered against him under Section 302 (murder) and 397 (robbery, or dacoity, with attempt to cause death or grievous hurt).
As per the petiton filed by Radha, on February 19, 2006 circle inspector of Sompetha police in Srikakulam district and Hingoli LCB inspector Mohsin Khan allegedly sent a message to the woman demanding 100 gram of gold to release her husband.
The petitioner said that her brother handed over 55 gram of gold to the duo at a hotel, but they didn’t release her husband for not meeting their demand. That day her brother visited Sompetha police station to get Maid released on bail. However, he was told that there was no offence registered against him.
“Subsequently, she filed an application before the chief judicial magistrate, Parbhani for a search warrant. The court served notice to inspector Mohsin Khan, who said Maid was shifted to Sompetha police station by Shriniwasrao, circle inspector. Nobody appeared before the Parbhani court from Sompetha. A legal proceeding was initiated against the Andhra Pradesh police, following which on 18 March, 2006 the Ankapalli, Vishakhapatnam police sent a fax that Maid was arrested under Section 102 (power of police officer to seize certain property) and 41 (police may arrest without warrant) of code of criminal procedure in 2006,” the lawyer said.
“Since he was illegally detained by the Maharashtra and Andhra Pradesh police, the woman filed a habeas corpus. Eventually, the man was released, but the petition was pending before the high court,” said Thombre.