SC slaps Rs 12 lakh penalty on Maharashtra policemen for illegal detention and demolition

SC slaps Rs 12 lakh penalty on Maharashtra policemen for illegal detention and demolition

The Supreme Court of India has delivered a significant judgment, levying a combined penalty of Rs 12 lakh on six Maharashtra policemen for their involvement in the unlawful detention of three individuals and the subsequent demolition of their rented property without proper judicial authorization.

In a case that raised eyebrows due to its egregious circumstances, the bench comprising justices Vikram Nath and Satish Chandra Sharma scrutinized the actions of the Jalgaon police officers. On March 9, 2022, these officers summoned three tenants, including Vijaykumar Vishwanath Dhawale and Vinod Dodhu Chaudhary, to the police station where they were unlawfully detained for a period of 24 hours. Meanwhile, the rented premises of the detainees were demolished by individuals purportedly associated with the former owner, compelling the tenants to sign documents apparently consenting to vacate the premises.

The court observed that subsequent purchasers of the property resolved the dispute by compensating the evicted tenants with Rs 10 lakh each, leading to a settlement between the tenants and 13 accused parties, including the former owners and the six policemen in question.

However, the Supreme Court expressed dissatisfaction with the exoneration of the police personnel despite their apparent involvement in the conspiracy and abetment of the illegal detention of the tenants. The bench underscored the gravity of the officers' actions in coercing the tenants into signing documents against their will and orchestrating the demolition of the premises without proper legal authorization.

Consequently, the apex court directed the six implicated police personnel to bear the cost of Rs 6 lakh each for the two complainants. The specified sums are to be deposited into the Armed Forces Battle Casualties Welfare Fund, held at Canara Bank's South Block branch within four weeks from the date of the judgment. Additionally, the officers are mandated to furnish proof of deposit to the court registry, the magistrate, and the high court within six weeks. Upon compliance with this directive, the proceedings of the two complaint cases will be terminated.

However, the court clarified that the order to compensate the tenants and the associated penalties imposed on the policemen will not adversely affect their professional records, particularly in matters concerning promotions or other service-related considerations. Nonetheless, failure to adhere to the stipulated timeline for depositing the specified amounts will result in the dismissal of petitions filed by the police personnel.

Case: SHATRUGHNA ATMARAM PATIL & ORS. vs. VINOD DODHU CHAUDHARY & ANR. 

SPECIAL LEAVE PETITION (CRL.) NO. 14585/2023.

Click here to read/download judgment.

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