Lawyer awarded Rs 75K compensation for illegal custody

Chhatrapati Sambhajinagar:

The Aurangabad Bench of the Bombay High Court, comprising Justice Sandeepkumar More and Justice Abasaheb Shinde, on March 7 ordered compensation of Rs 75,000 to a lawyer for his illegal arrest and custodial detention. The court directed the state government to pay the amount within two months and recover it later from the concerned police officer.

Case Background

Mukesh Suresh Prasad, also known as Mukesh Rajendra Prasad, practices law at the Chhatrapati Sambhajinagar District Court. In a marital dispute, his wife had filed a petition under the Protection of Women from Domestic Violence Act, 2005. The court had earlier issued an interim order directing him to pay Rs 19,000 for his son’s school fees. Subsequently, the court issued a recovery warrant for the amount.

On April 4, 2023, an officer at Begampura Police Station, acting on the recovery warrant, arrested the petitioner and placed him in the lockup. However, the following day, the court noted that the officer did not have the authority to make the arrest under the warrant and ordered his immediate release. The court also observed that the arrest had not followed the Supreme Court’s guiding principles.

The lawyer had filed a petition in the High Court seeking Rs 5 lakh in compensation, represented by Adv Chinmay Kini. The court acknowledged that the arrest and 24-hour detention were illegal and approved compensation of Rs 75,000.