MRS.MANISHA P.CHHADVA Vs. SMT.KHAIRUNISSA BILAWALA

JUDGEMENT

(1.) The case made out in the Petition is that on 2nd July 2009 after the Petitioner was remanded to the police custody remand in connection with a criminal case for the offences punishable under Sections 384 and 506 of the Indian Penal Code, from Bus Stand at Daman to Police Station Daman, he was paraded through crowded market area in handcuffed condition by three police constables. The contention is that the said act was in gross violation of the rights and liberty guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India. Therefore, the prayer in this Petition under Art. 226 of the Constitution of India is for grant of compensation of Rs.5 crores. The second substantive prayer is for issuing a direction to the Administrator of Union Territory of Daman Diu and Dadra Nagar Haveli (for short The Union Territory) as well as the Union of India to initiate departmental action against the second to eighth Respondents for their misconduct.

(2.) The Petitioner is claiming to be a Managing Editor of a daily newspaper (Savera India Times). It is claimed in the Petition that the said newspaper is widely circulated in the area of Daman, Diu, and Gujarat since the last 16 years. It is alleged that various misdeeds of the Government officials have been exposed by the Petitioner in the said newspaper without any fear or favour. It is claimed that the Petitioner has gained a reputation as a clean and honest journalist.

(3.) The Petitioner, as set out in the Petition, has written articles in the newspaper on the highhanded action of the police of the said Union Territory. According to the Petitioner, he exposed illdeeds of Shri Satyagopal who was the then Administrator of the said Union Territory. He has referred to various news items published in June 2009 for exposing the alleged misdeeds of the said Shri Satyagopal (the second Respondent). The allegation is that the second Respondent got angry and got registered a false First Information Report (FIR) bearing No.31 of 2009 against the Petitioner at Diu Police Station. The FIR was registered with the Police Station at Diu making allegations of commission of offence under Sections 384, 504 and 506 of the Indian Penal Code. It is claimed by the Petitioner that he surrendered to the police after registration of the said FIR and he was arrested on 30th June 2009 at about 20.30 hrs by Diu Police Station. The allegation is that though the Petitioner was arrested by Diu Police Station, he was brought to the City of Daman in police custody which is 700 kms away from Diu area. He was taken by bus from Diu Bus Station to Daman which arrived at Daman on 2nd July 2009 at about 16.30 hrs. It is alleged that on that date, he was paraded in handcuffed condition from Daman Bus Stand to Daman Police Station. He was taken through the main and crowded market area of Daman City. It is alleged that by this conduct, the image of the Petitioner in the eyes of Society was tarnished.