Activist Arun Ferreira's arrest illegal, give him Rs 2 lakh: Bombay HC
The Bombay High Court has mandated that the Maharashtra government compensate activist Arun Ferreira with Rs 2 lakh. This ruling was based on the violation of Ferreira's fundamental rights under Articles 21 and 22, as he was arrested without valid identification and was not informed of the reasons for his detention.
The Bombay High Court has declared the arrest of activist Arun Ferreira in 2011 as unlawful, ordering the Maharashtra government to pay him Rs 2 lakh in compensation. The court ruled that Ferreira's detention outside Nagpur Central Prison breached his fundamental rights under Articles 21 and 22 of the Indian Constitution. The Nagpur bench allowed part of Ferreira's 2012 plea and directed the government to deposit the compensation within eight weeks.
The court cited the absence of a diary entry or any written communication detailing the reasons for Ferreira's arrest, stating that the police had exceeded their legal limits. Ferreira had been arrested on May 8, 2007, and subsequently implicated in several cases across Gondia and Chandrapur. After his acquittal in eight cases and discharge in one, he signed a bail bond and was released on September 27, 2011.
Ferreira's lawyers claimed he was abducted by plainclothes police personnel from Gadchiroli, who forced him into an unmarked vehicle without providing any reason. However, the state argued that Ferreira was required in two cases in Gadchiroli related to alleged Maoist activity and that the police had taken necessary precautions for his safety due to his perceived seniority in the Naxal group.
The court dismissed these claims, finding no evidence of a directive from the senior superintendent of police in Gadchiroli to arrest Ferreira.
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