ARUN SHARMA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-12-7
HIGH COURT OF MADHYA PRADESH
Decided on December 02,2020

ARUN SHARMA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

G.S.Ahluwalia,J. - (1.)This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :
It is, therefore, most humbly prayed that the petition filed by the Petitioner may kindly be allowed and respondent no.1 and 2 may kindly be directed to take effective action against the respondent no.3 to 5 and pass appropriate order so that the petitioner can take justice. Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the fact and circumstances existing in the present case.

Further, compensation be granted to the petitioner from the respondents authorities.

Award the cost of this writ petition in favor of the petitioner throughout.

(2.)The matter was taken up on 2-11-2020, and arguments on the question that whether reputation/privacy/personal liberty of a citizen of India are integral part of Article 21 of the Constitution of India or not, and whether monetary compensation can be awarded for violation of fundamental rights or not, were heard. When the facts of this case were being considered in the light of the law of the land, then the Advocate General sought time to reconsider the action taken by the police authorities against the respondents no. 3 to 5, as according to him, the matter was handled by the police authorities in a most casual manner. Accordingly after holding that right of Privacy/reputation/dignity are integral part of Article 21 of the Constitution of India and monetary compensation can be awarded to the victim for violation of his Fundamental Rights, this Court adjourned the matter at the request of the Advocate General for further hearing on merits of the case.
(3.)The respondents no. 3 and 4 were posted as Sub-Inspector, whereas the respondent no.5 was posted as Constable in Police Station Bahodapur, Distt. Gwalior. The respondents no. 1 and 2 have filed their additional return. The matter is heard on merits.


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