New Delhi: The Delhi High Court on Monday imposed Rs 50,000 on police as cost for getting a man confined in jail for more than a month.
"This case throws up glaring example of non application of mind in which Banne Singh's liberty was taken away without authority of law for a period of over a month," PTI quoted HC observation by a Bench of Justice R S Sodhi and Justice H R Malhotra.
"While expressing disapproval at the manner in which liberty of a person has been dealt with in this cavalier manner, contrary to the established procedure of law.”
“We think ends of justice would be met if we compensate Singh for this violation," the Bench added.
The Bench also said "while going through the trial court record, we find that when NBW was issued, the Public Prosecutor was present in the court. It was not pointed out to the court that Singh was merely a surety and law does not require a surety to be taken into custody immediately but requires certain mandatory steps to be taken before such a stage arises."
In compliance with a NBW issued by a Sessions Judge against Singh after he had allegedly failed to give a clue about where about of a life convict Ashok Kumar, against whom Singh stood as a surety for Rs 5000, who had jumped the parole in September 2000.
On February 15 this year, police had arrested Singh and produced him before the trial court. The court remanded Singh to judicial custody.
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