LAWS(MPH)-2020-12-7

ARUN SHARMA Vs. STATE OF MADHYA PRADESH

Decided On December 02, 2020
ARUN SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :

(2.) The matter was taken up on 2-11-2020, and arguments on the question that whether reputation/privacy/personal liberty of a citizen of India are integral part of Article 21 of the Constitution of India or not, and whether monetary compensation can be awarded for violation of fundamental rights or not, were heard. When the facts of this case were being considered in the light of the law of the land, then the Advocate General sought time to reconsider the action taken by the police authorities against the respondents no. 3 to 5, as according to him, the matter was handled by the police authorities in a most casual manner. Accordingly after holding that right of Privacy/reputation/dignity are integral part of Article 21 of the Constitution of India and monetary compensation can be awarded to the victim for violation of his Fundamental Rights, this Court adjourned the matter at the request of the Advocate General for further hearing on merits of the case.

(3.) The respondents no. 3 and 4 were posted as Sub-Inspector, whereas the respondent no.5 was posted as Constable in Police Station Bahodapur, Distt. Gwalior. The respondents no. 1 and 2 have filed their additional return. The matter is heard on merits.