Arrests – Journalists

In a significant order on premature arrests, a Division Bench of the Bombay High Court said no person could be arrested merely on allegations of committing some offence whose genuineness was not even cleared or checked by the police.

The Bench of Justices Revati Mohite Dere and Shyam Chandak, in a judgment on August 22, that was made available on August 27, made these observations on the illegal arrest of a Thane-based journalist Abhijit Arjun Padale. Mr. Padale was arrested on charges of extortion and criminal intimidation, both of which provide for a maximum punishment of up to four years and three years, respectively.

“The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person,” the Bench observed. The Bench directed the Maharashtra government to pay a compensation of ₹25,000 to the journalist within 10 weeks from the date of uploading the judgment and order on the official website of the High Court for keeping him deprived from his right to liberty in prison for three days.