The Karnataka High Court has ruled that law enforcement must verify the identity of individuals before executing arrest warrants, whether bailable or non-bailable. In a landmark decision, the court directed the state government to compensate a man, Ningaraju N, with ₹5 lakhs for his wrongful arrest caused by a mix-up in identity.
Case Details
The judgment was delivered by a single-judge bench of Justice Suraj Govindaraj, who expressed concern over the lack of due diligence in verifying the accused’s identity.
The court noted, “The only reason for the applicant’s arrest was that his father’s name matched the name of the person mentioned in the warrant. This reasoning is flawed, as identity verification must focus on the individual to be arrested, not merely on corroborative details like a parent’s name.”
Violation of Fundamental Rights
Justice Govindaraj emphasized the significance of Article 21 of the Indian Constitution, which guarantees the right to life and liberty. The wrongful arrest violated these fundamental rights, causing both loss of liberty and reputation for the arrestee.
The court further stated, “The arrestee has endured significant hardship due to this wrongful arrest. Therefore, the State is liable to compensate him. The amount is fixed at ₹5,00,000, which must be paid within eight weeks. The State may recover this amount from the officers responsible for the wrongful arrest.”
Directives to Prevent Future Errors
To prevent similar incidents, the court issued additional directives:
- Guidelines and SOPs: The Director General of Police (DGP) must ensure that Standard Operating Procedures (SOPs) are issued for verifying identity before arrests.
- Training for Officers: Arresting officers must receive training on identity verification protocols.
These measures aim to uphold the constitutional rights of citizens and prevent misuse of authority.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==