SIVADAS S. Vs. K. J. THOMAS

JUDGEMENT

(1.) "Whether the detention of a citizen in the Police Station for not having opened the door of his hotel room, when directed to do so at 2.30 a.m. in the morning by the Sub Inspector of Police can be justified as the due exercise of Police Powers?"

(2.) The second defendant in a suit for damages is the appellant. The first respondent is the plaintiff and the second respondent is the State represented by the District Collector, the first defendant in the suit. The suit was filed for recovery of damages by the first respondent/plaintiff for his illegal detention by the Police authorities consequent to his refusal to open the door of his hotel room at the dead of the night, on being asked to do so by the local Sub Inspector of Police. The appellant is the Sub Inspector of Police involved in the incident. Though an amount of Rs. 50,000.00 was claimed as damages, the court below has decreed only an amount of Rs. 500.00, which is the subject matter of challenge in the above appeal.

(3.) The suit was filed by the first respondent on the following averments: