The Gauhati High Court has directed the Assam Police to pay Rs 5 lakh in compensation to an advocate who was handcuffed. The order comes after the advocate filed a case against the police for violating his rights.
The high court also warned the Director General of Police GP Singh in relation to the incident that took place in 2016 inder Pan Bazar police station in Guwahati.
As per the court's order, a two month deadline has been set for Assam Police to pay the ordered compensation amount to the advocate.
The petitioner in the case, a law graduate, enrolled in the State Bar Council in 2008, was accused of manhandling Md. Faizul Haque, a Home Guard of the Assam Police, in 2016. The case was registered under various sections of the Indian Penal Code.
The graduate also filed a FIR against Haque, alleging verbal and physical abuse and attempt of snatching his bag containing Rs.10,000. Post the FIR, the graduate was detained, arrested and sent to judicial custody. He alleged that he was handcuffed at the police station and during his medical checkup, which is a violation of Supreme Court guidelines.
The case against the graduate was charge sheeted and trial proceeded against him. In 2020, he was acquitted. The graduate filed a complaint before the Assam Human Rights Commission for violation of his basic human rights.
The complaint was closed in 2021 due to the death of the charged officer. The graduate has now filed a writ petition for quashing of the order and seeking compensation for violation of his rights. The Commissioner of Police filed an affidavit-in-opposition, stating that necessary steps were taken as per law post the arrest.
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