Here is the judgment of the Arvinder Singh Bagga v. State of U.P, 1994. In this judgment, the SC laid down that the state shall pay compensation to all persons illegally detained and humiliated for no fault of theirs. A perfect remedy for all the parents and siblings arrested in 498A cases despite the judgment of Joginder Kumar Vs State of UP.
This judgment takes on greater importance in light of the murder of Rizwanur. The cops didn’t torture Priyanka Todi because she happened to be the daughter of an industrialist. Unfortunately, Nidhi, the victim in this case, didn’t have the privilege of being born into the house of a rich industrialist.
Here are a couple of excerpts:
- Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in Authority and that too by a police officer the mental torture caused by it is even more grave.
5. This clearly brings out not only highhandedness of the police but also uncivilised behaviour on their part. It is difficult to understand why Sukhpal Singh, S.S.I. assaulted Nidhi on her leg with Danda and poked it in her stomach. Where was the need to threaten her? As rightly pointed out in the report that torture is not merely physical but may even consist of mental and psychological torture calculated to create fright to make her submit to the demands of the police. A further reading of the report shows:
(ii) illegal arrest;
(iii) without personal knowledge or credible information that the arrested persons were involved in a congnizable offence; and
(iv) illegality of verbal order of arrest not contemplated under Section 55 Cr. P.C.
This again is a blatant abuse of law.
- The detention of a married woman in custody who is not an accused on the pretext of her being a victim of abduction and rape which never was to her knowledge and to the knowledge of the police officers concerned aforesaid is itself a great mental torture for her which cannot be compensated later but here we have found that she was tortured otherwise also by threats of violence to her and to her husband and his family and was given physical violence calculated to instil fear in her mind and compel her to yield and to abandon her marriage with Charanjit Singh Bagga which had been duly performed in Arya Samaj Bhoor and which had been duly registered in the office of Registrar of Hindu Marriages under the U.P. Hindu Marriage Registration Rules, 1973 framed by the Governor in exercise of the powers conferred by Section 8 of the Hindu Marriage Act, 1955 (Act No. XXV of 1955). She was made to write a statement as commanded by J.C. Upadhyay S.H.O. and Sukhpal Singh SSI on 26.7.93 which was reproduced by the I.O. in the case diary as her statment under Section 161 Cr. P.C. The physical and mental torture was given to Nidhi on 24th July, 1993 and 25th July, 1993 by J.C. Upadhyay S.H.O., Sukhpal Singh and SSI and Narendrapal Singh S.I. but on 26.7.93 it was done by only J.C. Upadhyay S.H.O. and Sukhpal Singh S.S.I. and there was no participation of K.C. Tyagi I.O. in the torture and harassment dated 24.7.93, 25.7.93 and 26.7.93.
The hon’ble judges directed the state govt to pay compensation to the victims. Here is the excerpt:
“2. The State shall pay a compensation of Rs. 10,000 to Nidhi, Rs. 10,000 to Charanjit Singh Bagga and Rs. 5,000 to each of the other persons who were illegally detained and humiliated for no fault of theirs. Time for making payment will be three months from the date of this judgment. Upon such payment it will be open to the State to recover personally the amount of compensation from the concerned police officers.”
Here is this judgment: SC: Compensation For Illegal Detention Arvinder Singh Bagga v. State of U.P