advocatemmmohan
just another law knowledge bank
commissioner of police
compensation for wrongful detention by abusing the police powers – apex court granted 2 lakhs – Crime No.11/98 was registered against the appellant under Section 3 of the Police (Incitement to Disaffection) Act, 1922 and Section 505(1)(b) of the Indian Penal Code = the Division Bench of the Madras High Court in W.A. No.1426 of 2010 is under challenge. By the impugned judgment the Division Bench upheld the judgment dated 27th April, 2010 passed by the learned Single Judge in W.P. No.1243 of 2003 and dismissed the appeal, affirming the finding recorded by the learned Single Judge. The learned Single Judge by his judgment dismissed the writ petition preferred by the appellant claiming the damages and praying for issuance of a writ of mandamus directing the respondents to pay him jointly and severally a sum of Rs.10,00,000/ for his alleged illegal detention and confinement. = Mala fides means want of good faith, personal bias, grudge, oblique or improper motive or ulterior purpose. The administrative action must be said to be done in good faith, if it is in fact done honestly, whether it is done negligently or not. An act done honestly is deemed to have been done in good faith. An administrative authority must, therefore, act in a bona fide manner and should never act for an improper motive or ulterior purposes or contrary to the requirements of the statute, or the basis of the circumstances contemplated by law, or improperly exercised discretion to achieve some ulterior purpose. The determination of a plea of mala fide involves two questions, namely (i) whether there is a personal bias or an oblique motive, and (ii) whether the administrative action is contrary to the objects, requirements and conditions of a valid exercise of administrative power.= It has already been noticed that the respondents before the Advisory Board or before the trial court failed to bring on record any evidence to frame the charges against the appellant under Section 3 of the Police (Incitement to Disaffection) Act, 1992 and under Section 505(1)(b) of the IPC or under the Tamil Nadu Act 14 of 1982. In spite of the same, Ist respondent, 2nd respondent, V.Jegannathan, the then Inspector General and Commissioner of Police, Salem City and the 3rd respondent, M. Ramasamy, the then Inspector of Police, Fairlands Police Station, Salem City before this Court have taken similar plea that the appellant was inciting the police personnel in Tamil Nadu to form an association to fight for their rights and toured the districts of Coimbatore, Tiruchirapalli, Pudukottai and Chennai City and incited the serving police personnel over forming of an association, and acted in a manner prejudicial to the maintenance of public order. By way of additional affidavit certain so called statements of persons have been enclosed which have been filed without any affidavit and were neither the part of the trial court record or material placed before the Advisory Board. The aforesaid action on the part of the Ist, 2nd, 3rd and 4th respondent in support of their act of detaining the appellant illegally by placing some material which has beyond the record justifies the appellant’s allegation that the respondents abused their power and position to support their unfair order. In view of the observation made above, though we do not give specific finding on mala fide action on the part of the Ist, 2nd, 3rd and 4th respondent but we hold that the respondentState and its officers have grossly abused legal power to punish the appellant to destroy his reputation in a manner nonoriented by law by detaining him under the Tamil Nadu Act 14 of 1982 in lodging a Criminal Case No.11/98 under Section 3 of the Police (Incitement to Disaffection) Act, 1992 and under Section 505(1)(b) of the IPC based on the wrong statements which were fully unwarranted.
published in http://judis.nic.in/supremecourt/filename=40488 Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4815 OF 2013 (ARISING OUT OF SLP(C) NO.32704 OF 2010) N. SENGODAN … APPELLANT VERUS SECRETARY TO GOVERNMENT, HOME (PROHIBITION & EXCISE) DEPARTMENT, CHENNAI AND OTHERS … RESPONDENTS J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted. 2. In this appeal the judgment dated 16th August, 2010 passed by the Division Bench of the Madras High Court in W.A. No.1426 of 2010 is under challenge. By the impugned judgment the Division Bench upheld the judgment dated 27th April, … Continue reading
Code of Criminal Procedure, 1973: Ss. 451 and 452-Custody or disposal during inquiry or trial of properly seized by police-Valuable articles, currency notes, vehicles, liquor, narcotic drugs etc. -Directions given for custody arid disposal of such articles so that no loss is caused either to State exchequer or to the owner of the property or to the Insurance company because of keeping them for a long time either in Police Malkhanas or at Police Stations. =CRIMINAL APPELLATE JURISDICTION : Special Leave Petition (CRL.) No. 2745 of 2002. From the Judgment and Order dated 20.6 2002 of the Gujarat High Court in Crl. R.A. No. 241 of 2002. WITH S.L.P.(Crl.) No. 2755 of 2002. Ujwal Kumar Jha, Aslam Ahmed, Ranjan Kumar Jha, Nakul Dewan and Ejaz Maqbool for the Petitioners. S.K. Dholakia and Ms. Hemantika Wahi for the Respondent. =2003 AIR 638 , 2002(3 )Suppl.SCR39 , 2002(10 )SCC283 , 2002(9 )SCALE153 , 2002(10 )JT80
CASENO.: Special Leave Petition (crl.) 2745 of 2002 PETITIONER: SUNDERBHA1 AMBALAL DESAI RESPONDENT: STATE OF GUJARAT DATE OF JUDGMENT: 01/10/2002 BENCH: M.B. SHAH & D.M. DHARMADHIKARI JUDGMENT: JUDGMENT 2002 Supp(3) SCR 39 The following Order of the Court was delivered : In these two petitions filed by the police inspectors serving the Gujarat State, … Continue reading
advocatemmmohan 