“Recently on 14 September 2018, Learned Chief Justice, speaking for Present Bench of Three Judges handed down a verdict granting compensation of Rs 50 Lakhs to a Space Scientist who was found upon further investigation by CBI to have been wrongfully implicated and subjected to custodial interrogation. This was on an allegation, he had leaked out Official Secrets of ISRO.

Learned Chief Justice held:

“A human being cries for justice when he feels that the insensible act has crucified his self-respect. That warrants grant of compensation under the public law remedy. We are absolutely conscious that a civil suit has been filed for grant of compensation. That will not debar Constitutional Court to grant compensation taking recourse to public law.”

The fact that the payment of compensation was ordered nearly 24 years after the wrongful arrest is a grim reminder about how tenuous liberty can be and of the difficulty in correcting wrongs occasioned by unlawful arrest.”

– Hon’ble Justice Dr. D.Y. Chandrachud, Romila Thapar v. Union of India, [Writ Petition (Criminal) No. 260 of 2018].

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James Watson, Senior Partner at Watson and Woodhouse in Middlesbrough, was arrested at his home at 06:40 AM on June 3, 2009 on suspicion of plotting to influence witness testimony in a Crown Court Trial. Cleveland Police dropped the case against him 1 year later. Mr Watson was awarded £550,000 in damages and costs, in settlement – highest for a wrongful arrest. Mr. Watson was locked in a cell for 30 hours.

Learned Senior Counsel, Neeraj Kishan Kaul is not in a position to answer.

It cannot be disputed, right of custodial interrogation/investigation is also a very important right in favour of investigating agency to unearth truth. Accused has purposely and successfully tried to frustrate same.

– Hon’ble Justice M.R. Shah, Central Bureau of Investigation v. Vikas Mishra, [Criminal Appeal No. 957 of 2023] decided on 10.04.2023.