The Delhi High Court has rejected an application moved by the Union Home Ministry seeking to quash a petition moved by a United Kingdom-based Non Resident Indian who sought a compensation of Rs 1.5 crore from the government for his illegal detention by the Delhi police.
Justice A K Sikri dismissed the application on the ground that considering the allegations made by the petitioner there was prima facie sufficent grounds for considering the plea made in the petition.
The application moved by the Home Ministry took the plea that the petition was not maintainable as police officials enjoyed certain immunity from such prosecution under Section 140 of the Delhi Police Act.
The petitioner Balbir Singh was arrested by a police team led by Special Branch Inspector Rajbhir Singh on June 24,
1999 under the Explosive Substances Act.
Since no interim bail was granted, the petitioner remained in jail till March 27, 2002 when he was eventually acquitted of the charges by the Sessions Court. Accusing the police of resorting him to illegal confinement and foisting a false case with a malicious intent Balbir Singh moved the High Court seeking compensation for the trauma suffered.
Counsel for the Home Ministry Suresh Kait argued before the court that under Section 10 of the Delhi Police Act
a police officer enjoyed immunity from prosecution for "acts done under the colour of duty or authority."
Further he contended that the suit should be dismissed since it was filed after the time barred period of three months after the date of the act complained of.
"The acts complained of, if proved by no stretch of imagination would be acts under the colour of duty, Justice Sikri observed while dismissing the application.The matter was posted for further hearing till March 1, 2006.
