BHRC orders compensation for illegal arrest

The Bihar Human Rights Commission (BHRC) today directed the state government to pay Rs 30,000 as compensation to a person who was illegally arrested by the police on a court summon and to take stern disciplinary action against two erring police officers.
BHRC member Neelmani said the incident was of Bagaha in West Champaran district and the SP there has been asked to intimate the compliance of the directions within a month.
The Director General of Police (DGP) P K Thakur has been asked to pull up the SP and see that officers at police station level are adequately sensitised against such blunders.

The incident happened on October 9, 2013. The first class judicial magistrate at Bagaha had issued a summon to Rampratap Kushwaha of village Ranglalahi under Dhanha police station for his attendance.
The summon was sent to the police station for service and Assistant Sub-Inspector Umesh Kumar Singh posted there reached Kushwaha's shop, arrested him and brought him to the police station.
"Kushwaha's father met Dhanha Station House Officer (SHO) Roushan Kumar and requested the release of the petitioner as the court had just issued summons and not a warrant, but the officers there demanded Rs 25,000 for it," Neelmani said.

The hapless father refused and Kushwaha was locked-up and sent to the court, where he was immediately released. Kushwaha later petitioned BHRC.
"The Commission demanded response from Bagaha SP on the matter, who said the police officers overlooked the fact that it was a summon only and not a warrant. But, he did not indicate what action was taken against the officers," Neelmani said.
"This is a gross negligence. Even a constable knows the difference between a summon and a warrant. How the two officers - Singh and Kumar failed to see it, is beyond imagination. Stern disciplinary action should be taken against them for violating the human rights of Kushwaha," he added.