The Nagpur Bench of the Bombay High Court has directed the Maharashtra government to pay ₹50,000 each to a lawyer and an ex-serviceman, holding that they were subjected to “unwarranted humiliation and indignity” when police handcuffed them.

The division bench of Justices Urmila Joshi Phalke and Justice Nivedita P. Mehta held that the police action violated constitutional protections and fundamental Rights.

Incident:

The lawyer and the ex‑serviceman had gone to a police station to file a complaint about damage to the ex‑serviceman’s vehicle. The opposite party then filed a cross‑complaint, alleging that the petitioners had manhandled them.

The police invoked preventive measures against the petitioners. They were detained at the police station, allegedly stripped to their undergarments, and then taken handcuffed to the tahsildar’s office.

The police said that a crowd of 15–20 people had gathered, and preventive steps were necessary, which is why the petitioners were detained. They denied the allegation of stripping but admitted that the petitioners were detained.

Court Findings:

The bench noted that the petitioners were neither habitual offenders nor hardened criminals, and therefore the use of handcuffs was completely unjustified. The judges held that the police action violated constitutional rights and ignored Supreme Court guidelines on handcuffing.

The bench Observed :

“Judicial notice is taken of the fact that the police and the jail authorities are even now using handcuffs and other fetters indiscriminately and without any justification,”

The Bench further stated :

“It may not be out of context to remind that the motto of Maharashtra State Police is “Sadrakshnaya Khalanighrahanaya” (Sanskrit: “To protect good and to punish evil”), which needs to be respected,” .

Compensation Order:

The High Court held that the police had infringed the petitioners’ fundamental rights and ordered the State to compensate them.

The Court directed the State to pay ₹50,000 each to the petitioners within eight weeks, with the amount to be deposited before the Court.

Case Details : Adv Yogeshwar Madhukarrao Kawade & Anr. Vs. The State of Maharashtra & Ors.