In a recent development, the Bombay High Court has delivered a landmark verdict, directing the Maharashtra government to compensate a music teacher with a sum of Rs 2 lakh. This compensation comes as a result of the teacher’s unjustified arrest by Tardeo Police officers for a bailable offense. This incident sheds light on the importance of safeguarding individual rights and ensuring that justice prevails.
Background of the Case
The story began when a 23-year-old woman, who was a student of the music teacher in question, filed a First Information Report (FIR) against him. The FIR, registered at the Tardeo police station, alleged that the teacher had committed offenses punishable under sections 354(A) (sexual harassment) and 509 (insulting a woman’s modesty) of the Indian Penal Code. The crux of the accusation revolved around the teacher supposedly asking the student to watch a web series on an Over-The-Top (OTT) platform.
Despite the nature of the charges being bailable, the music teacher found himself detained on July 17 and placed in a lock-up after undergoing a medical examination. This incident triggered a series of events that would ultimately lead to a significant legal battle.
The Legal Battle Unfolds
The case took a dramatic turn when the wife of the music teacher sought her husband’s release through a habeas corpus petition. This legal maneuver was executed by advocates Kripashankar Pandey and Darshan Juikar, who represented the distressed wife. During the court proceedings, the music teacher revealed the disturbing details of his detention, which included verbal abuse and the humiliating act of being stripped naked while in custody.
The behavior of the police officers involved in the case did not go unnoticed. In an extensive hearing, senior police officers issued an unconditional apology. However, the bench of Justices Revati Mohite-Dere and Gauri Godse strongly criticized the actions of these officers. The court emphasized that as constitutional courts, they could not turn a blind eye to such gross abuse of law and that it was their duty to rectify this injustice.
Landmark Verdict and Its Ramifications
In a landmark decision, the Bombay High Court ordered the Maharashtra government to pay a compensation of Rs 2 lakh to the aggrieved music teacher. The court stated, “We, as constitutional courts, cannot be oblivious of the gross abuse of law in this case and would fail in our duty if the wrong is not redressed.”
Furthermore, the court instructed the Mumbai Police Commissioner to appoint an Officer not below the rank of Deputy Commissioner of Police to conduct an inquiry into the conduct of the police officers at Tardeo Police Station and the Saat Rasta Lock-up. This inquiry is set to be completed by November 24, and both the music teacher and his wife will have the opportunity to present their side of the story.
In addition to the compensation, the court ruled that the amount should be recovered from the salary of those found responsible for the illegal detention and actions within the lock-up after a thorough inquiry. Moreover, the Director General of Police, State of Maharashtra, and the Commissioner of Police, Mumbai, have been directed to issue appropriate guidelines and directions to police stations regarding bail in bailable offenses, based on the judgment and order.
FAQs
- What were the charges against the music teacher? The music teacher was charged with offenses punishable under sections 354(A) (sexual harassment) and 509 (insulting a woman’s modesty) of the Indian Penal Code.
- Why was the music teacher detained despite the charges being bailable? The circumstances leading to the teacher’s detention despite the charges being bailable are still under investigation, but it raised concerns about the abuse of power.
- Who represented the wife of the music teacher in seeking her husband’s release? Advocates Kripashankar Pandey and Darshan Juikar represented the wife in the legal battle.
- What action has been taken against the police officers involved in the case? An inquiry has been initiated, and the court has ordered that the amount of compensation should be recovered from the salary of those found responsible for the illegal detention.