‘Sheer Abuse Of Process’: Bombay HC Orders Maharashtra To Pay ₹ 5 lakh To Man, Holds His 2017 Arrest As Illegal
The Bombay High Court has ordered the Maharashtra government to pay Rs 5 lakh compensation to a man, holding that he had been illegally arrested by the Mumbai Police and kept in detention for 24 days. The bench, in the judgement passed on October 22, also ordered strict action, including immediate suspension, against the police sub-inspector who took action against the man, as well as against…
The Bombay High Court has ruled that the Maharashtra government must pay ₹5 lakh in compensation to Bipin Satish Chandra Agrawal, a businessman unlawfully detained by Mumbai Police in 2017. The court, in a decision handed down on October 22, also imposed strict measures against the police sub-inspector and other officials involved, including immediate suspension.
Agrawal, who was arrested on August 4, 2017, received bail on August 28 after serving 24 days in detention. He had acted as the attorney for his mother-in-law in a property transaction worth about ₹1.64 crore, for which the real estate firm Seth and Sonal Developers had provided him an advance of ₹2 lakh. The police filed a first information report against Agrawal based on a complaint from the developer, accusing him of extortion.
The court observed that the police did not attempt to investigate the reason behind the cash transaction and had portrayed Agrawal as a gangster or extortionist without any evidence. The judges described his arrest as high-handed and arbitrary, and noted that he was held in detention without any recorded reasons justifying his continued custody.
The court held the magistrate responsible for Agrawal's detention and directed the registry to bring the judgement before the administrative committee for further action against the magistrate.
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