HC orders Rs 2L relief for 13-day incarceration over paracetamol tablets

Admonishing the Punjab Police for blatant disregard of fundamental rights and high-handedness, the Punjab and Haryana High Court has directed the State of Punjab to pay Rs 2 lakh compensation to a youngster incarcerated for 13 days despite the seizure of mere paracetamol tablets.

Advertisement

Justice Kirti Singh termed the conduct of the erring police official as “unacceptable and deeply concerning”, highlighting a “systematic failure that undermines public trust”.

Justice Kirti Singh asserted that the petitioner was booked under the NDPS Act on June 26. But a Forensic Science Laboratory (FSL) report received on August 31 confirmed that the seized tablets contained acetaminophen (paracetamol) and not a prohibited substance. Yet, the petitioner remained behind bars till September 13 and was released only after the court’s intervention. The petitioner was ultimately discharged after the cancellation report was presented on September 17.

Justice Kirti Singh also took note of amicus curiae Arshdeep Singh Cheema’s submission that the petitioner was a 36-year-old well-educated individual and the FIR under the NDPS Act would cast a lifelong shadow over his reputation, affecting his employment prospects and future opportunities despite his discharge by a competent court. He further contended that the evolving legal principle of the right to be forgotten – increasingly recognised as part of the right to privacy – should be applied to safeguard his dignity and prospects.

Justice Kirti Singh observed: “The unjust deprivation of liberty stems from the delay in filing the cancellation reports. The failure of the authority to act in a timely manner has not only violated the petitioner’s fundamental rights but also highlighted the misuse of power, causing undue mental and emotional distress.”

The court added that the prolonged incarceration underscored the need for accountability and prompt action “within the justice system to prevent such abuses of authority”. Justice Kirti Singh asserted the court was deeply troubled by the high-handedness of the police authorities, who flagrantly disregarded a citizen’s fundamental rights envisaged in the Constitution.

“It is appalling to witness such blatant violation where those entrusted with duty to uphold the rule of law failed to perform their duties…. In the facts and circumstances of the case, the conduct of the erring official involved cannot be overlooked by the court as accountability measures are necessary to ensure justice and uphold the rule of law,” Justice Kirti Singh added.

Before parting with the order, Justice Kirti Singh made it clear that half the compensation, to be paid to the petitioner within a month, would be recovered from Sub-Inspector Rajinder Singh’s salary. Masking the petitioner’s identity, the court directed the Registrar-General to ensure anonymity in digital records.

Quoting a plethora of judgments, Justice Kirti Singh made it clear that the State was liable to pay compensation for the wrong done by its officials in cases where a person’s fundamental rights under Article 21 had been violated. The court cited the Supreme Court’s view that “constitutional courts, taking note of suffering and humiliation, are entitled to grant compensation, which has been regarded as a redeeming feature”.