HC imposed fine on Additional Collector and SP, arrest cannot be made on mere suspicion
Bilaspur: 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).
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, because his lawyer could not present the security at that time.
Laxman Saket’s advocate Ashutosh Shukla filed a writ petition (criminal) in Bilaspur High Court against this illegal action. While hearing the case, the division bench of Chief Justice Ramesh Sinha and Bibhu Dutt Guru termed it a serious violation of the right to life and personal liberty of a citizen.
The court found the state government, including City Magistrate Korba, SP, Additional Collector, guilty and 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.
