The Bombay High Court has ruled that the re-arrest of activist Arun Ferreira in 2011, while he was being released from Nagpur Central Jail, violated his fundamental rights as guaranteed by the Indian Constitution.
On Tuesday, the Bombay High Court passed a judgement that the re-arrest of activist Arun Ferreira in 2011, when he was being released after his acquittal from eight cases, infringed upon his fundamental rights. The court upheld a petition by Ferreira, stating that the arrest violated Articles 21 and 22(1) of the Constitution. Article 21 guarantees personal liberty, while Article 22(1) ensures a person being arrested is informed of the grounds for detention as soon as possible and has the right to be defended by a legal practitioner.
Ferreira was initially arrested in May 2007 on allegations of Maoist activities and spent more than four years in jail. On September 27, 2011, he was re-arrested near the Nagpur Central Jail's gate despite being released. Ferreira claimed that he was abducted by a group of unknown civilians, who took him away in a numbered vehicle. He also stated that he was intentionally shown as absconding while he was in jail between 2007 and 2011.
The court held the Gadchiroli superintendent of police and the arresting police sub-inspector responsible for violating the law. They have been ordered to pay a compensation of Rs 2 lakh to Ferreira within eight weeks, with the state, not the police personnel, being directed to make the payment.
Ferreira was among the 16 activists, academics, and lawyers charged under the Unlawful Activities Prevention Act for their alleged role in instigating caste violence at Bhima Koregaon near Pune in January 2018. He was arrested in August 2018 and spent almost five years in custody before being granted regular bail by the Supreme Court in July 2023, subject to certain conditions.
Source:
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