HC imposed fine on Additional Collector and SP, arrest cannot be made on mere suspicion
Bilaspur bilaspur news. The Chhattisgarh High Court has strongly reprimanded the wrong action taken by the City Magistrate in a dispute between a husband and wife. The case is related to Laxman Saket, resident of EWS Phase-2 MP Nagar, Police Station Civil Line Rampur, who was illegally sent to custody by City Magistrate Gautam Singh (Additional Collector). bilaspur
The police had registered a case under sections 107 and 116 on the dispute between Laxman Saket and his wife. Taking action on this, the City Magistrate granted bail to Laxman, but after 5 pm he was sent to jail by imposing a condition of solvent security, as his lawyer could not present the security at that time.
Laxman Saket’s advocate Ashutosh Shukla filed a writ petition (criminal) in the Bilaspur High Court against this illegal action. Hearing the case, a division bench of Chief Justice Ramesh Sinha and Vibhu Dutt Guru termed it a serious violation of the right to life and personal liberty of a citizen.
The court has found the city magistrate Korba, SP, additional collector and the state government guilty and has imposed a fine of Rs 25,000, which is mandatory to be deposited within 30 days. The court also clarified that a person cannot be arrested on the basis of mere suspicion and the Supreme Court’s instructions should be followed in such cases.