In a landmark judgment addressing premature arrests, the Bombay High Court has ruled that individuals cannot be detained solely based on unverified allegations. The court emphasized that arrests should not be made routinely without a thorough investigation by the police, reported The Hindu.
This decision was delivered by a Division Bench comprising Justices Revati Mohite Dere and Shyam Chandak on August 22, and the judgment was made public on August 27. The ruling pertained to the case of Abhijit Arjun Padale, a journalist from Thane, who was arrested on charges of extortion and criminal intimidation. Both of these offences carry a maximum penalty of four and three years in prison, respectively.
The court found the arrest of Mr. Padale to be illegal, noting that the police had not conducted an adequate investigation to verify the authenticity of the allegations before proceeding with the arrest. The Bench’s judgment underscores the importance of protecting individual liberties and ensuring that law enforcement agencies adhere to due process.
The High Court also ordered compensation for Mr. Padale, highlighting the need for accountability in cases of unlawful detention. This ruling serves as a significant precedent, reinforcing the principle that the police must substantiate claims with concrete evidence before arresting any individual.
