Patna: The Patna High Court has quashed orders issued under the Bihar Control of Crimes Act against two residents of Nalanda, holding that their personal liberty had been curtailed without a proper inquiry.
A division bench comprising Justice Rajiv Ranjan Prasad and Justice Sunil Dutta Mishra on Tuesday directed the Bihar government to pay Rs 1 lakh each to the two petitioners as compensation, along with Rs 10,000 towards litigation costs.
The court directed that the compensation amount be recovered from the officials found responsible.
Petitioners challenged ‘anti-social element’ orders
The petitioners, Shashi Kumar alias Phukan and Ajay Singh, residents of Katauna village under Katrisarai police station in Nalanda district, had approached the High Court challenging orders passed by the Nalanda District Magistrate under the CCA.
The orders had classified the two men as ‘anti-social elements’ and imposed reporting requirements on them.
They were directed to report to Silao police station three days a week — Monday, Wednesday and Friday — despite living in the Katrisarai police station area. Silao is around 40km from their village.
Court questions use of CCA powers
The High Court found that the exercise of powers under the Bihar Control of Crimes Act could not be used to curtail personal liberty without following the required legal process and conducting an appropriate inquiry.
The court consequently quashed the District Magistrate’s orders against the two petitioners.
The compensation and litigation costs were ordered in view of the violation of their rights, with the court directing that the amount be recovered from the officials responsible for the action.
