
Supreme Court Dismisses Kerala Govt's Petition Challenging HC Direction To Pay Rs.1 Lakh Compensation To Man Illegally Detained As Maoist
Live LawThe Supreme Court has dismissed the Special Leave Petition filed by the State of Kerala challenging a 2019 judgment of the Kerala High Court which directed the State to grant Rs.1 lakh compensation to a man who was illegally detained by the police on suspicion of being a Maoist.A bench comprising Justices Sudhanshu Dhulia and PB Varale dismissed the State' petition by saying, "We see. The Supreme Court has dismissed the Special Leave Petition filed by the State of Kerala challenging a 2019 judgment of the Kerala High Court which directed the State to grant Rs.1 lakh compensation to a man who was illegally detained by the police on suspicion of being a Maoist. A bench comprising Justices Sudhanshu Dhulia and PB Varale dismissed the State' petition by saying, "We see absolutely no reason to interfere in the impugned order passed by the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India." "We have no hesitation in holding that, in view of the primacy that is accorded under our Constitution to a person's fundamental right to privacy and personal liberty, the action of police authorities in detaining and interrogating the petitioner and thereafter searching his residence, without following the procedure under the Code of Criminal Procedure was wholly unjustified", held the Division Bench of Chief Justice Hrishikesh Roy and Justice A K Jayasankaran Nambiar.
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