Court orders Rs 2 lakh compensation to activist for illegal arrest 15 years ago

The Bombay High Court has directed the Maharashtra government to pay Rs 2 lakh in compensation to activist Arun Ferreira for violating his fundamental rights after police took him into custody in 2011 without following due process. The detention came immediately after his acquittal and release from prison after five years over alleged Naxalite links.However, the court rejected his plea seeking an enquiry into a complaint regarding the incident.A bench of Justices Urmila Joshi Phalke and Raj D Wakode held that Ferreira’s arrest violated his constitutional rights under Articles 21 and 22, which protect personal liberty and provide safeguards against unlawful arrest.Ferreira was arrested in May 2007 in connection with multiple cases, including alleged offences under the Unlawful Activities (Prevention) Act. He was eventually acquitted in all eight cases. After his release from Nagpur Central Prison in September 2011, following his acquittal in the last case, he was allegedly taken away by men in civilian clothes in an unnumbered vehicle. His lawyer, Pradip B Mandhyan, argued that the police had forcibly taken Ferreira into custody without informing him of the grounds for his arrest or notifying his relatives. The defence also pointed out that there was no station diary or general diary entry documenting the alleged directions given to the officer who took him into custody.The prosecution argued that Ferreira was known to be a senior hardcore member of a Naxal group and that taking him into custody in a public place was dangerous. It claimed that when Ferreira was released from prison, a police sub-inspector attempted to identify himself to him, but Ferreira allegedly tried to flee. The prosecution said he was taken into custody with the help of sufficient police personnel for this reason. "Considering the petitioner is known as a senior hardcore member of Naxal group and to bring him safely at Desaiganj Police Station, Gadchiroli, number plate of vehicle was removed for some time and his staff were in civil dress as he posted in Local Crime Branch. However, proper entries of the police case was made and no illegality is committed by the Investigating Officer," the public prosecutor said.Rejecting the police's justification, the court observed that the arrest records did not establish that the grounds of arrest had been communicated to Ferreira. It also noted that his mother, brother and lawyer were present when he was taken away but were not informed of the purpose of his detention.The court held that compensation was warranted for the violation of Ferreira's fundamental rights, while acknowledging that monetary compensation could not adequately make up for his suffering. It awarded Rs 2 lakh and directed the state government to pay the amount within eight weeks. It also allowed Ferreira to pursue a civil suit if he was dissatisfied with the compensation.Ferreira was arrested again in 2018 by Pune Police in the Elgar Parishad case, in which he was accused of being an "Urban Naxal". He is currently out on bail, while the trial in the case is yet to begin before a special NIA court in Mumbai.- Ends