HC orders Rs 30,000 relief for fake warrant arrest | Bhubaneswar News

HC orders Rs 30,000 relief for fake warrant arrest

Cuttack: Orissa high court has directed payment of Rs 30,000 compensation to a 63-year-old man who was arrested on the strength of a forged non-bailable warrant (NBW), holding that a prima facie case of illegal arrest and detention had been made out. The court also ordered separate inquiries by the Bhubaneswar SDJM court and the Cuttack deputy commissioner of police (DCP) to identify those responsible.Justice R K Pattanaik, in an order passed on July 23 and uploaded online on July 27, observed that the man’s arrest appeared to have resulted from a “mischief” involving a counterfeit court warrant and seal.Bikram Mohapatra had moved the high court alleging that he was illegally arrested from his shop near Cuttack Chandi Mandir Chowk on May 12 by Lalbag police on the basis of an NBW purportedly issued in connection with a 2001 criminal case. He claimed he was not an accused in that case but he was taken into custody, produced before the SDJM court in Bhubaneswar and released later the same evening. Besides alleging illegal detention, he also sought compensation.Referring to reports submitted by the SDJM court Bhubaneswar and the Lalbag police station, Justice Pattanaik observed, “Someone played mischief in the issuance of NBW which ultimately led to the arrest of the petitioner and admittedly resulted in his illegal detention.” The court directed SDJM, Bhubaneswar, to conduct an inquiry into the origin of the forged warrant, while asking the DCP, Cuttack, to hold a ‘threadbare inquiry’ into the circumstances under which the fake warrant was executed.Justice Pattanaik further ruled that the petitioner be paid Rs 30,000 as compensation, observing that the illegal arrest and detention stood “prima facie proved considering the materials on record.” The judge clarified that the compensation amount would be recoverable from the police officials or court staff found responsible after completion of the inquiries.Pursuant to an earlier direction of the high court, the SDJM, Bhubaneswar, submitted a report categorically stating that no NBW had been issued against the petitioner. The report also confirmed that he had no connection with the 2001 case.The Lalbag police, however, stated in a compliance affidavit that they had acted on a photocopy of the warrant received through Speed Post along with other case papers. According to the affidavit, the warrant bore a counterfeit court seal and was executed believing it to be genuine, denying any deliberate wrongdoing by the police station.

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