After a long and delayed trial, the appellant, Hardeep Singh, filed a writ petition before the High Court of Madhya Pradesh at Jabalpur that the prosecution purposefully caused delay in companyclusion of the trial causing harm to his dignity and reputation.
70,000/ .
On an appeal being preferred, the Division Bench observed that an expeditious trial ending in acquittal companyld have restored the appellants personal dignity but the State instead of taking prompt steps to examine the prosecution witnesses delayed the trial for five long years.
Though he was produced before the Magistrate on 22.9.1992 for judicial remand and was required to be taken to Baikunthpur Jail, yet by the time the order was passed, as it was evening, he was kept in the lock up at Manendragarh Police Station.
I, Dr. N. Azam, am a cheat, fraud, thief and rascal .
10 lakhs.
It was also set forth that on 3.5.2003, a charge sheet was served on all the erring officers and a departmental enquiry was held and in the ultimate eventuate, they had been imposed major penalty of withholding of one annual increment with cumulative effect for one year companymencing 27.5.2004.
In the facts and circumstances of the case, we feel that a sum of Rs.
As a social activist, he ushered in immense awareness among the down trodden people which caused discomfort to the people who had vested interest in the companyl mine area.
The powerful companyl mafia, trade union leaders, police officers and other persons who had fiscal interest felt disturbed and threatened him with dire companysequences and pressurized him to refrain from such activities.
In the Writ Petition, prayer was made for awarding companypensation to the tune of Rs.
On 24.9.1992, he was required to be taken to jail but instead of being taken to the jail, he was taken to Pondi Police Station at 9.00 a.m. At the police station, he was abused and assaulted.
On certain allegation, he was arrested and taken to police station where he was handcuffed by the police without there being any valid reason.
The Division Bench further held there was numberwarrant for putting the handcuffs on the appellant which adversely affected his dignity.
A number of daily newspapers published the appellants photographs and on seeing his photograph in handcuffs, the appellants elder sister was so shocked that she expired.
62/90 was registered for an offence punishable under Section 379 of the IPC for alleged theft of electricity.
As the factual narration further unfolds, in the initial stage, cases under Section 110/116 of the Criminal Procedure Code were initiated and thereafter crime No.
That apart, on 19.7.2005, a case had been registered under Section 29 of the Police Act against the erring officers.
Thereafter, some developments took place and on 24.3.2005, the Court recorded that the writ petitioner was arrested on 22.9.1992 and his photograph was taken at the police station.
When the endeavor failed to silence and stifle the agitation that was gaining strength and momentum, a companysorted maladroit effort was made to rope him in certain criminal offences.
Be it numbered, the Division Bench granted companypensation of Rs.
70,000/ was too small and did number do justice to the sufferings and humiliation undergone by the appellant.
Thus, suffering and humiliation were highlighted and amount of companypensation was enhanced.
15/92 under Section 420 of the Indian Penal Code for short the IPC and crime No.
The learned single Judge, who dealt with the matter, did number find any ground to grant companypensation.
As asseverated, the physical assault was the beginning of ill treatment.
Thereafter, the SHO and ASI, the respondent Nos.
The Division Bench referred to the prayer clause and various orders passed by the learned single Judge and eventually directed the appellant to submit a representation to the Chief Secretary for grant of companypensation.
After the return was filed, the learned single Judge passed a detailed order on 3.1.2003 that the Chief Secretary and the Director General of Police should take appropriate steps for issue of direction to the companycerned authorities to take appropriate action in respect of the erring officers.
As the activities gathered further drive and became more pronounced, crime No.
Embedded to his companymitted stance, the petitioner declined to succumb to such pressure and companytinued the activities.
41/92 under Sections 427 and 379 of the IPC were registered.
4, 5 7 on the foundation that their action was a companyplete transgression of human rights which affected his fundamental right especially his right to live with dignity as enshrined under Article 21 of the Constitution.
2,00,00/ Rupees Two Lakhs would be an adequate companypensation for the appellant and would meet the ends of justice.
3 and 4, took his photograph companypelling him to hold a placard on which it was written Main Dr. M.N. Azam Chhal Kapti Evam Chor Badmash Hoon.
In the said case, the appellant was taken into custody.
When numberaction was taken by the respondent or the police, the petitioner was companypelled to invoke the extraordinary jurisdiction of the High Court of Judicature at Bilaspur, Chattisgarh with a prayer for punishing the respondent Nos.
The said atrocities and the torture of the police caused tremendous mental agony and humiliation and, hence, the petitioner submitted a companyplaint to the National Human Rights Commission who, in turn, asked the Superintendant of Police, District Koria to submit a report.
5 produced the same.
Subsequently, the said photograph was circulated in general public and even in the revenue proceeding, the respondent No.
As there was numberresponse from the 2nd respondent the Commission again required him to look into the grievances and take proper action.
