look news india
Mumbai: Terming the arrest of a Thane journalist in an extortion case as illegal, the Bombay High Court said no arrest should be made merely on the basis of allegation of a crime and the police must first investigate the truth.
The court has ordered the Maharashtra government to pay a compensation of Rs. twenty five thousand to journalist Abhijit Padal and the court has said that keeping him in jail for three days has taken away his right to liberty.
The court also ordered the police chief to investigate the conduct of the police from Vakola police station who arrested the journalist.
The petition sought that his arrest be declared illegal as the police did not issue notice under Section 41A of the Code of Criminal Procedure.
Section 41A states that no person shall be arrested unless he is satisfied that the arrest is necessary and the police may issue a notice to that person to record his statement.
The high court said in its order that the offence against Padle was punishable with less than seven years' imprisonment and he should have been given notice.
The court said that the police had prepared the notice but did not serve it. The High Court said that the power to arrest is one thing and the legality of the exercise of the power is another, and added that police officers should be able to explain the reason for the arrest.
The court has ordered an inquiry into the conduct of the police by appointing a DCP level officer. The court has ordered to pay a compensation of Rs 25,000 within ten days and recover it from the officer responsible for the arrest. Padel was arrested and produced in the magistrate court the next day.
