The Calcutta High Court has ordered the West Bengal government to pay a compensation of ₹2 lakhs to the family of Vishal, who was unlawfully arrested.
Justice Shampa Sarkar identified several irregularities in Vishal’s arrest, which his family alleges was solely due to his support for his Congress candidate cousin in the 2022 municipal elections.
“If the State becomes a law breaker, the writ court should not hesitate to compensate for the laches and the lapses. Every accused and his next of kin have a right to expect a free and fair investigation,” the judge noted.
As a consolation for the numerous lapses on the part of the Police in summoning Vishal first in a random case and then arresting him in a narcotics case, the judge stated that a lump sum may be awarded for the aforementioned irregularities.
“There is a need to remind ourselves that rights of individuals is the citadel of democracy and every violation would be an attack on civilized society. Thus, while the reliefs prayed for in the writ petition are denied, the Court awards compensation of ₹2 lakh to the entire family for the stigma, social embarrassment and indignity suffered by each of them and especially Vishal as also for destruction of evidence (CCTV footages),” the court ordered.
The judge emphasized that such compensation serves as “a balm on the wound” for the violation of human dignity and the police’s failure to reassure citizens that the investigation was fair, unbiased, and aimed at finding the truth.
Furthermore, the bench ruled that all police stations and units of the Barrackpore City Police must install CCTV cameras within two months, with at least one year of backup storage. The court also directed that all seizures of commercial quantities of narcotics must be recorded on video.
The Calcutta High Court heard the petition of Vishal’s mother, who sought his release, claiming that her son was arrested on March 9, 2022, on the orders of Trinamool Congress Party leaders because he supported the Congress Party. She further alleged that he was falsely implicated in a drug case on March 10, 2022.
In contrast, the police contended that Vishal and his associates had been charged with criminal intimidation and other offenses in February 2022 for threatening Ramesh Shaw with dire consequences.
On March 9, 2022, the complainant again alerted the police that Vishal had threatened him, resulting in a visit to Vishal’s residence. However, as he refused to cooperate and exhibited ‘bad behavior,’ he was apprehended under Section 151 of the Criminal Procedure Code (CrPC), which grants police the power to arrest anyone who is likely to commit a criminal offense.
The police further claimed that Vishal was released on March 9 and subsequently arrested in a separate case in the early hours of March 10, based on confidential information it had obtained. The police stated that codeine mixture was discovered on Vishal during his arrest.
Taking note of the arguments, the bench asked for the CCTV footage of the police station for March 9 and 10. Vishal’s family had specifically alleged that he was not released from the police station on March 9 and was immediately placed in the lockup on March 10.
The police clarified that they do not have the footage as the CCTV cameras were installed in phases and only have a one-month storage capacity.
In her verdict, Justice Sarkar underscored that the right to life, personal liberty, and dignity guaranteed by Article 21 of the Constitution of India has a much wider connotation, and that the right to a fair and impartial investigation is an essential component of such a right.
The court has stated that the State is responsible for ensuring that the law is upheld, and the court can actively participate in verifying if this duty has been carried out dutifully. The judge reiterated that the State is always answerable to its citizens for any lapses.
“The police cannot arrest a person merely on an apprehension of the breach of peace or on an apprehension that an offence was likely to be committed. What is required under section 151 is that the officer concerned must have knowledge that the person was designing to commit a cognizable offence and in order to stop such attempt, arrest has to be made,” the Court opined.
Based on the chain of events and the inconsistencies and anomalies noticed, the court held that the police authorities did not fulfill their obligations in line with the law.
“Disturbing features have been noticed by the court in the process of arrest of Vishal on March 9, 2022, and further arrest on March 10, 2022 for commission of offence under the NDPS Act. There is no evidence of his release apart from the two bonds. There are irregularities in the procedure adopted by the police,” the court held.
Moreover, the police had already registered a case relating to illegal drugs. The court acknowledged that the petitioner did not dispute the FIR or the chargesheet filed in that case, and therefore, no directions needed to be issued concerning them.
Consequently, the court only directed the payment of compensation to Vishal’s family.
