The court admonished the police and local magistrate for not providing her legal rights and stipulated protection including legal assistance.
In a major blow to the state police department, the Gujarat high court has ordered the state government to pay Rs25000 as compensation to a lady who had been detained by the police in a case of indecent behaviour in public in Kheralu town of Patan district.
The court admonished the police and local magistrate for not providing her legal rights and stipulated protection including legal assistance.
The court also quashed charges against the lady and instructed the state government to make an inquiry against the police officer.
The lady, Jyotsna Waghri, was arrested by local police on January 1, 2006 and she had to remain in jail for 45 days as she was illiterate, from economically downtrodden family and could not afford to hire a lawyer.
Even the local magistrate extended her judicial custody four times and did not offer any legal assistance under the legal aid provided by the courts for poor. It was Dastak, an NGO working for welfare for woman, that managed to release the lady on bail.
Pulling up cops and the magistrate, justice Akil Kureshi said, "I find that there is something seriously disconcerting about the entire system which operated against a poor, illiterate and downtrodden lady."
Justice Kureshi has also taken serious view about the approach of the magistrate. "Magistrate also in my view could have acted with a little more sensitivity. Duty of the magistrate was to explain the allegations against her and to find out whether she needs legal assistance or not."
The court further said, "Even if she had committed the offence, she was entitled to full protection under the law. She was entitled to a fair trail and all the other safeguards available under the law. She remained in jail for nearly 45 days because she could not afford a lawyer, she could not furnish bail bond and the system was too insensitive to recognise these difficulties of the lady."
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