Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 21 – Malicious investigation –Indiscriminate arrest of scientist – Compensation – Allegation ofleakage of official secrets and documents of ISRO by scientists –Arrest of appellant-scientist, alleging espionage against scientistsof IRSO – Appellant suffered custody for almost fifty days –Meanwhile, investigation by Special Investigation Team (SIT)handed over to CBI – Report by CBI that allegations not provedand were false – All accused discharged – In view thereof, decisionby the State Government to conduct re-investigation – Challengeto, by the appellant – Supreme Court quashed the order of re-investigation and suggested action against the Police officers –However, the State Government issued an order closing the case –Rounds of litigation – Division bench of the High Court held thatno action to be taken against the officers who were held allegedlyresponsible by CBI for appellant’s illegal arrest – On appeal, held:When person is confined within four walls of a police station orlock up, he suffers mental agony – There may not be infliction ofphysical pain but definitely there is mental torture – Reputation ofan individual is an insegregable facet of his right to life with dignity– Appellant was a successful scientist having national reputation –Lackadaisical attitude of the State police to arrest and put theappellant in police custody, made the appellant to undergo immensehumiliation, harassment and immeasurable anguish – His libertyand dignity were jeopardized – Entire prosecution initiated by thepolice was malicious – State police was dealing with an extremelysensitive case and after arresting the appellant and others, the State,on its own, transferred the case to CBI – Criminal law cannot be setin motion without any basis, on some kind of fancy or notion –Public law remedy warrants grant of compensation – Issuance of direction to the State to pay Rs. 50 lakhs as compensation to theappellant – Committee headed by former judge of Supreme Courtto be constituted to take appropriate steps against the erringofficials |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 822 |
Petitioner | S. Nambi Narayanan |
Respondent | Siby Mathews & Others Etc |
SCR | [2018] 12 S.C.R. 51 |
Judgement Date | 2018-09-14 |
Case Number | 6637-6638 |
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