Amol Khule, a driver from Maharashtra, was wrongfully held by a local government official called a Tahsildar. The court has now ordered payment to Amol for the violation of his rights.
Amol Khule was taken into custody and held by Anilkumar Helkar, the Tahsildar, from May 25 to May 31, 2021. This was based on complaints against him related to arguments with a sugar factory that was polluting his land. Even though he asked to be released on May 27, his request was turned down.
Amol's lawyer argued that his detention was illegal under a rule that only allows for making someone promise to keep the peace, not to be held in custody. Amol's rights under a law that guarantees personal freedom were violated.
"The Executive Magistrate does not have the power to keep someone in custody in a case like this." - Court's observation
The Tahsildar, with his lawyer, claimed protection under laws meant to protect judges, saying his actions were part of his official duties. However, the court found that holding Amol was beyond his power.
Judges Vaishali Patil-Jadhav and Nitin B. Suryawanshi decided in favor of Amol. They stated that holding him was illegal and violated his basic rights.
"The detention of the petitioner is illegal and in violation of Article 21." - Court's judgment
The court ordered the State of Maharashtra to pay Amol Rs. 1,00,000 as compensation. The state can get this money back from the Tahsildar responsible for the wrongful detention.
The court ruled that Amol Khule was wrongfully held against his rights, and as a result, he was awarded compensation for this injustice.
