Police Officials Liable For Paying / Suffering Compensation For Illegal Detention Of Tenants And For Coercing Them To Sign Documents Against Their Will.

Some police officials misuse their powers and act as mediators in civil disputes and at times they even threaten/coerce people to settle their disputes with the other side.

Police officials have no right to interfere in civil disputes and even in criminal cases, police can only investigate cognizable offences (Offences described as cognizable in first schedule of the Code of Criminal Procedure). Police cannot investigate non cognizable criminal offences without an order from

the Magistrate directing the police to investigate the case of non cognizable offence.

The Supreme Court in a recent case has held the police officials were liable to pay compensation as they had called the tenants / complainants to the concerned police station and the tenants were held / detained for about 24 hours by the police officials, and in the meantime, the premises in question were demolished by the other side with the support of the local police. At the Police Station, the tenants were also forced to sign some documents, apparently giving their consent of vacating the premises voluntarily.

The Supreme Court has directed the police officials to pay / suffer a compensation of Rs 6 lacs for each of the two complainants and the amount was directed be deposited in the Armed Forces Battle Casualties Welfare Fund

The Supreme Court has dealt with the aforesaid / similar issue in the case titled SHATRUGHNA ATMARAM PATIL & ORS. VERSUS VINOD DODHU CHAUDHARY & ANR. (SPECIAL LEAVE PETITION (CRL.) NO. 14585/2023)

The relevant paragraphs of the aforesaid judgment have been reproduced below:

9. The compensation for the tenants has been given by the subsequent purchasers, as stated in the

affidavits, apparently for the reason that they are now the owners of the property and they have been

instrumental in carrying out the demolition illegally. The widow of the deceased (although not a party

before us) and the brother may not be having any further interest inasmuch as the property had already

been sold by the deceased four and half months prior to his death. However, what we are not satisfied

with is why the police personnel have been allowed to go scot-free in a case where they had an

apparent roll in conspiring and in abetting the crime of the illegal detention of the tenants, coercing

them to sign the document against their will, and getting the premises in question demolished

without any order from a competent Court.

10. We, accordingly, direct that the six police personnel will suffer a cost of Rs. 6.0 lacs for each of the

Two complainants. Out of the six police personnel, three are constables, one is a Head Constable, one is a

Sub-Inspector, and one is an Inspector. They shall suffer a cost of Rs. 50,000/- per Constable, s.1,00,000/-

by the Head Constable, Rs. 1.50 lacs by the Sub-Inspector, and Rs. 2.0 lacs by the Inspector, totalling Rs.

6.0 lacs for each case with the above distribution. This amount shall be deposited in Account No.

90552010165915 of the Armed Forces Battle Casualties Welfare Fund, Canara Bank, Branch South Block,

Defence Headquarters, within four weeks from today. After depositing the said amount in the aforesaid

fund, they shall file proof of deposit with the Registry of this Court within six weeks and also before the

Magistrate and the High Court. Upon deposit of the said amount, the proceedings of the two complaint

cases shall stand quashed and closed.