Court orders disciplinary action against magistrate for detention without reasons

The Bombay High Court on Monday ruled that a Mumbai Magistrate is liable for departmental action after authorising the detention of a man without providing recorded reasons.

In Short

• Bombay HC rules magistrate liable for detention without reasons.
• Judgment sent to high court's administrative committee for action
• Petition filed by Alex for wrongful arrest over electricity theft

The Bombay High Court on Monday ruled that a Mumbai Magistrate is liable for departmental action after authorising the detention of a man without providing recorded reasons. The court observed that it is the duty of every magistrate to ensure the legality of police custody before authorising detention.

The bench of Justices Revati Mohite-Dere and Prithviraj Chavan directed that the judgment be placed before the Administrative Committee of the high court, led by the Chief Justice, for appropriate action against the magistrate.

The ruling came in response to a petition filed by social worker Alex, a Chembur resident who was arrested for alleged electricity theft despite having made full payments.

Alex’s lawyer, Nitin Satpute, argued that the arrest caused mental anguish and social stigma, and was arbitrary as Alex had informed the police that payments were made to Adani Electricity.

The court found that Alex’s arrest on January 29, 2020, was unwarranted, especially as he had settled all dues by January 27. Despite this, he was sent to police custody without a proper assessment of the necessity for detention.

The bench criticised both the police and the magistrate, stating that Alex's arrest lacked justification and his detention showed a lack of due consideration. The court noted that magistrates must ensure the reasons for arrest are rational and based on facts, not arbitrary decisions by investigating officers.

The court ordered the state government to compensate Alex with Rs. 25,000, to be recovered from the salaries of the officers responsible for his illegal detention following an inquiry.

The Mumbai Police Commissioner has been directed to appoint an officer, not below the rank of Deputy Commissioner, to conduct the inquiry into the actions of RCF Police Station officers, with Alex being allowed to participate. The inquiry must be completed within eight weeks.