Karnataka HC orders state to pay Rs 5 lakh compensation to man mistakenly arrested over name confusion

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Highlights
  • The Karnataka government had to cough up Rs 5 lakh compensation to a person as theĀ police arrested an innocent person without ascertaining whether he was the person who was required to be arrested. The arrested manĀ had categorically stated that he was not the same person named in the warrant.
  • “The only reason why the applicant had been arrested is that the name of his father was similar to the name of the person named in the warrant. I am unable to comprehend how the name of the father is similar or even identical would have any role to play in the arrest, extrapolating the same logic if the arrest warrant has been issued for one brother, another brother or maybe even the sister could be arrested, merely, because the father name is identical”, Justice Suraj Govindaraj observed.
  • Expressing shock over the incident, Justice Govindaraj directed the state to pay Rs 5 lakh compensation to N Ningaraju (56), from Kaladasa Layout in the city, with the liberty to recover the same from the police officers who had arrested him.
  • Allowing the company application filed by Ningaraju in a case relating to Official Liquidator of India Holiday (Private) Limited (In Liquidation), the court also directed the Director General of Police to issue guidelines/Standard Operating Procedure (SOP) as to what steps to be taken by the arresting officer before arresting a person including the verification of identity. If the guidelines/SOP are already issued, training in this regard to be provided to all arresting officers, the court added.

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