SC: A zero-tolerance approach towards acts committed by persons in power against an ordinary citizen needs to be adopted as they bring shame to the entire justice delivery system
In a recent judgment in Somnath vs. The State of Maharashtra & Ors., the Supreme Court (SC) of India expressed displeasure with the conduct of the investigative agencies and the police for not adhering to all Constitutional and statutory safeguards while arresting a person. It also said that “even today, this Court is forced to restate the principles and directions in D K Basu” case. The SC further said, “A zero-tolerance approach towards such high-handed acts needs to be adopted as such acts, committed by persons in power against an ordinary citizen, who is in a non-bargaining position, bring shame to the entire justice delivery system.” The matter was heard by a two-judge bench consisting of Justice Vikram Nath and Justice Ahsanuddin Amanullah. The SC pronounced in the judgment, “As such, there will be a general direction to the police forces in all States and Union Territories as also all agencies endowed with the power of arrest and custody to scrupulously adhere to all Constitutional and statutory safeguards and the additional guidelines laid down by this Court when a person is arrested by them and/or remanded to their custody.”
The appellant (Somnath) approached the SC against the decision of the Bombay High Court refusing to initiate the departmental inquiry and criminal proceedings against the police officer (respondent no. 2). In this case, the accused was verbally and physically abused by a Maharashtra Police officer. He was handcuffed and paraded half-naked with a garland of footwear around his neck. Somnath moved to the High Court where the HC partly allowed the writ petition by the Impugned Judgment by awarding Rs.75,000/- to be payable to the appellant by respondent no.2 from his pocket but declining to give any direction for initiating criminal action under the SC/ST Act. The SC upheld the Impugned Judgment, with the modification that “the police is held liable to pay a further sum of Rs.1,00,000/- to the appellant (Somnath).” It further opined “The Court has no hesitation in strongly denouncing such high-handed action by the respondent no.2 (police), who being in a position of power, totally abused his official position.”
Moreover, the SC bench observed “Accordingly, the appeal stands disposed of by upholding the Impugned Judgment, with the modification that the respondent no.2 is held liable to pay a further sum of Rs.1,00,000/- (Rupees One Lakh only) to the appellant. However, as the same stands already complied with, no further steps are required to be taken by respondent no.2.” At last, the bench said that a zero-tolerance approach is required against such high-handed acts as they bring shame to the entire justice delivery system.
