Stressing that “… respect for the rights of individuals is the true bastion of democracy”, the Chhattisgarh High Court recently asked the State government to pay ₹1,00,000 as compensation to a man who spent nearly eight months in jail after the police mistook him for an alleged Maoist who is his namesake.
Podiyam Bheema, 30, from Minappa village in the Naxal-affected Sukma district, nearly 450 km from capital Raipur, was arrested in 2021 by the Chhattisgarh police in place of another Podiyam Bheema whose name was mentioned in the police records as an alleged Maoist carrying a reward on his head. It is further alleged that during this “illegal detention” period, he was also tortured by the police to make a fake confession and admit to guilt despite being innocent.
However, there was a twist in the story in March 2022, when the real Maoist Podiyam along with his other comrades surrendered in a Dantewada court. Subsequently, the earlier arrested Podiyam was set free by a lower court that found that the detention of the petitioner was illegal. The court also observed that the [police] officer concerned did not take any caution while arresting the petitioner.
Following his release, Podiyam filed a writ petition before the High Court seeking compensation for the time served in jail (7 months and 26 days), and criminal and departmental action against the police authorities.
The State’s counsel told the court that a departmental enquiry was initiated against the officer, Omprakash Nareti, who was guilty of arresting the petitioner. Nareti had died in the interim period.
Disposing of the petition on July 14, the High Court said it was of the opinion that the State has to pay a compensation of ₹1,00,000 to the “petitioner for illegal detention within a period of two months,” taking into consideration the “great harm done to the petitioner.”
