Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Arts 21 and 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India: Arts, 21 and 32 - Complaint against two ladies-petitioners (a doctor and a practicing advocate) — FIR registered against them u/ 5. 429 r/w s. 34 IPC and u/s. 66-D of Information Technology Act (IT Act) — Arrest of the petitioners — Later they were enlarged on bail - Complaint of petitioners against a police official for demand and acceptance of bribe from them — Initiation of criminal proceedings against the erring police officials — They also alleged violations of provision u/ss. 41-A to 41-C CrP.C — In the inquiry into the allegations, found that procedure for arrest not followed — In petitioners’ application for discharge, Magistrate discharged them u/s. 66-D of IT Act and continued proceedings u/s. 66-A (b) of IT Act r/w s. 420/34 IPC — Present writ petition — Held: Arrest of the petitioners was not made by following the procedure of arrest as enshrined u/ss. 41 and 41-A CrP.C — Their liberty was curtailed in violation of law ~ The manner in which the petitioners were treated by the police team has seriously jeopardized their dignity violating Art. 21 of the Constitution - Compensation of Rs. 5 lakhs is granted to each of the petitioners for their suffering and humiliation — The criminal proceedings against the petitioners are also liable to be quashed as the dispute is purely of civil nature — No ingredient u/s. 420 IPC is made out and s. 66-A of IT Act has been struck down being violative of Art. 19(1)(a) of Constitution — Code of Criminal Procedure, 1973 - ss. 41 and 41A - Penal Code, 1860 ~ s. 420 r/w. Ss. 34 — Information Technology Act, 1995 — s. 66-A. Art. 32 - Writ Petition - Alleging violation of procedure of arrest and curtailment of liberty - Maintainability of — Held: Initiation of disciplinary proceeding or criminal prosecution should not be impediment in deciding violation of such rights. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 441 |
Petitioner | Dr. Rini Johar & Anr. |
Respondent | State Of M.p. & Ors. |
SCR | [2016] 5 S.C.R. 579 |
Judgement Date | 2016-06-03 |
Case Number | 30 |
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