BENGALURU: The Karnataka government had to cough up Rs 5 lakh compensation to a person as the police arrested an innocent person without ascertaining whether he was the person who was required to be arrested. The arrested man had categorically stated that he was not the same person named in the warrant.
"The only reason why the applicant had been arrested is that the name of his father was similar to the name of the person named in the warrant. I am unable to comprehend how the name of the father is similar or even identical would have any role to play in the arrest, extrapolating the same logic if the arrest warrant has been issued for one brother, another brother or maybe even the sister could be arrested, merely, because the father name is identical", Justice Suraj Govindaraj observed.
Expressing shock over the incident, Justice Govindaraj directed the state to pay Rs 5 lakh compensation to N Ningaraju (56), from Kaladasa Layout in the city, with the liberty to recover the same from the police officers who had arrested him.
Allowing the company application filed by Ningaraju in a case relating to Official Liquidator of India Holiday (Private) Limited (In Liquidation), the court also directed the Director General of Police to issue guidelines/Standard Operating Procedure (SOP) as to what steps to be taken by the arresting officer before arresting a person including the verification of identity. If the guidelines/SOP are already issued, training in this regard to be provided to all arresting officers, the court added.
"The arrestee had categorically stated that he was not the person named in the warrant, the arresting officer has not verified the same instead the arrestee has been arrested and produced before the court, thereby causing harm and injury not only to the liberty of the arrestee but also to the reputation of the arrestee which is in violation of the fundamental rights guaranteed under Article 21 of the constitution", the court said while explaining why the state is liable to compensate the arrestee.