HC holds Arun Ferreira's 2011 arrest illegal, orders Maharashtra to pay him Rs 2 lakh

The Nagpur bench of the Bombay High Court has granted relief to social activist Arun Thomas Ferreira. In an important ruling that raises serious questions about police action, the court held that his arrest outside Nagpur Central Jail in 2011 was illegal. The order also directs the Maharashtra government to pay Ferreira Rs 2 lakh in compensation. The court expressed strong displeasure that the police, instead of protecting the law, had violated it.

The bench of Justice Urmila Joshi-Phalke and Justice Raj D. Wakode delivered the judgment on October 27. The ruling sets out what had happened.

In 2011, after being acquitted in several cases, Ferreira walked out of Nagpur Central Jail on September 27. As soon as he stepped outside, plainclothes policemen took him into custody and drove him away in an unmarked vehicle.

His mother, brother and lawyer were present at the spot. The police still did not state the reason for the arrest. The court also noted that Ferreira had been shown as absconding even while he was in jail, and rebuked the police for it.

The court said the action violated both Article 21 of the Constitution, the right to personal liberty, and the protection against arbitrary arrest under Article 22.

The state government had argued that the operation had to be kept confidential because of his alleged links to Naxalism. The court said the constitutional duty to inform a person of the reason for arrest cannot be avoided under any circumstances.

The court made the important observation that when the police, who are meant to uphold the law, themselves violate it, the gravity of the matter must be recognised and appropriate action taken. It also reminded the police that the Maharashtra Police motto is "Sadrakshanaya Khalanigrahanaya".

The government has been ordered to deposit the Rs 2 lakh compensation within eight weeks. The court has also allowed Ferreira to file a civil suit if he wants further compensation.

Ferreira is an accused in the 2018 Bhima Koregaon case and is currently out on bail.