Guwahati, 21th December: The Gauhati High Court has issued a directive, compelling the Assam Police to pay Rs 5 lakh in compensation to an advocate who was unlawfully handcuffed. The court’s order stems from a case filed by the advocate, citing a violation of his rights.
In connection to the incident that occurred in 2016 at Pan Bazar police station in Guwahati, the high court also issued a warning to the Director General of Police, GP Singh. The court has set a two-month deadline for Assam Police to fulfill the compensation amount ordered.
The petitioner, a law graduate enrolled in the State Bar Council in 2008, faced accusations of manhandling a Home Guard of Assam Police, Md. Faizul Haque, in 2016. The graduate, in turn, filed a FIR against Haque, alleging verbal and physical abuse, as well as an attempt to snatch his bag containing Rs. 10,000. Following the FIR, the graduate was detained, arrested, and sent to judicial custody, where he claimed to have been handcuffed, a violation of Supreme Court guidelines, during his police station stay and medical checkup.
Although the case against the graduate proceeded to trial, he was acquitted in 2020. Subsequently, he filed a complaint with the Assam Human Rights Commission for the violation of his basic human rights. The complaint was closed in 2021 due to the death of the charged officer. The graduate has now submitted a writ petition seeking the quashing of the order and compensation for the infringement of his rights. The Commissioner of Police, in response, filed an affidavit-in-opposition, asserting that necessary legal steps were taken post the arrest.