Journalism of Courage
Man arrested on ‘forged’ warrant: Orissa High Court orders Rs 30,000 compensation, probe
The petitioner said he had lodged police complaints following his ‘illegal’ arrest. He also claimed before the Orissa High Court that he was assaulted within the premises of the SDJM court in Bhubaneswar.
Following an earlier direction by the high court, the Sub-Divisional Judicial Magistrate Court in Bhubaneswar submitted a report stating that it had issued no such warrant. (AI-generated image)
The Orissa High Court recently directed the payment of Rs 30,000 compensation to a man who was illegally arrested and detained on the basis of an alleged forged non-bailable warrant (NBW). The court also directed the sub-divisional judicial magistrate, Bhubaneswar, to conduct an inquiry into how the forged warrant was issued and take appropriate action.
Justice R K Pattanaik passed the order on July 23 while hearing a plea filed by the man, who alleged that he was illegally arrested, detained, tortured and assaulted by the police after a false warrant was executed against him.
“This Court is also of the view that opposite party No.2 (DCP Cuttack) is to be directed to conduct a threadbare enquiry into the arrest of the petitioner on the basis of non bailable warrant of arrest received by the PS concerned with the counterfeit seal of the Court thereon with a decision at the end followed by action in accordance with law,” the order read.
‘Illegal arrest, assault’
The petitioner said he had lodged police complaints following his arrest and also approached senior police authorities, alleging that the warrant was fraudulently issued. He further claimed that he was assaulted within the premises of the Sub-Divisional Judicial Magistrate (SDJM) court in Bhubaneswar after being produced there.
Following an earlier direction by the high court, the SDJM, Bhubaneswar, submitted a report stating that it had issued no such non-bailable warrant, dated November 20, 2024.
Justice R K Pattanaik directed that the compensation amount shall be recovered from the persons found responsible after completion of the probe.
The police, however, stated in a compliance affidavit that they had acted upon receiving a photocopy of the warrant through Speed Post. “…a forged NBW bearing a counterfeit seal of the Court was received through Speed Post which was subsequently executed, thereby denying any such mischief committed at the P.S. level,” the order noted.
HC orders probe, awards relief
After examining the trial court’s report, the police affidavit and the case diary, the high court observed that someone had played “mischief” in issuing the warrant, which ultimately led to the petitioner’s illegal arrest and detention. It directed the SDJM to conduct an inquiry and further directed the police to carry out a probe into the petitioner’s arrest.
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The court awarded the petitioner a compensation of Rs 30,000, observing that his illegal arrest and detention appeared to be established based on the available material.
“Depending on the outcome of the enquiry to be held by the learned court below and also opposite party No.2 (DCP, Cuttack), this Court is inclined to award a compensation of Rs 30,000 payable to the petitioner in view of the illegal arrest and detention prima facie proved considering the materials on record,” the court said.
The judge directed that the amount shall be recovered from the police officers, court staff or other persons found responsible after completion of the probe.
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