GUWAHATI: The Gauhati High Court directed the Assam Police to compensate an advocate with ₹5 lakh for handcuffing him without just cause in a judgment.
The single-judge bench, presided by Justice Devashis Baruah, said that such actions violated the constitutional rights guaranteed under Article 21, and the compensatory amount must be paid within two months.
Justice Baruah, in his observation, noted that the act of handcuffing the advocate, who is identified as the petitioner, and parading him to and from the court without any just cause, not only violated his human rights but also demeaned his dignity as a legal professional.
The case originated from an FIR filed by a Home Guard of the Assam Police, alleging that the petitioner had manhandled him on October 05, 2016. The petitioner, in turn, filed a counter FIR, accusing the home guard of verbal and physical abuse and attempted theft of ₹10,000 from his bag. Despite being acquitted in the criminal case on June 04, 2020, it was revealed during the trial that the Investigating Officer (IO) had handcuffed the petitioner.
Expressing dissatisfaction with the handling of the case, the petitioner filed a complaint with the Assam Human Rights Commission (AHRC) on September 18, 2020. However, the AHRC closed the complaint on March 30, 2021, citing the death of the charged officer as the reason. Unhappy with this decision, the petitioner approached the High Court seeking to quash the AHRC's order and seeking compensation for the violation of his fundamental rights.
The court, after careful consideration, found that the IO had acted contrary to the judgments of the Supreme Court and violated the petitioner's right under Article 21 of the Constitution. Referring to precedents such as Sunil Batra v. Delhi Administration, Prem Shankar Shukla v. Delhi Administration, and Citizens for Democracy Through Its President v. State of Assam and Others, the court remarked that the IO had failed to explain the reasons for handcuffing the petitioner, as required by law.
Relying on the Supreme Court's decision in Nilabati Behera alias Lalita Behera v. State of Orissa and Others, the court held that the respondents (Assam Police) are liable to compensate the petitioner for handcuffing him without just cause. The compensation, the court emphasised, should follow the principles of strict liability.
While directing the state to pay ₹5,00,000 to the petitioner within two months, the court also urged authorities to consider amending the Assam Police Manual to align with the principles established by the Supreme Court in relevant judgments.
