Mumbai: The Aurangabad bench of the Bombay High Court has imposed a fine of Rs 4.20 lakh on a businessman, who filed a false complaint, which led to a labourer being wrongfully imprisoned for nearly six months. The court also noted that the labourer’s fundamental right to liberty had been violated due to the businessman’s incorrect identification.
Justice SG Mehare also highlighted the overcrowded and miserable conditions of jails in India. “It is most painful in our country to stay in overcrowded jails. The condition of jail and inmates is miserable. Due to overcrowding, the under trials or the accused often do not get a place to sleep and suffer from many contagious diseases,” the judge remarked.
In 2023, a case was registered by businessman Lahu s/o Ramnath Dhanwate, posing as a labourer, alleging that Thakan @ Nitin Alha, a labourer, and nine others assaulted him with various weapons, including swords, axes, and firearms. Dhanwate also alleged that Alha had fired a country-made pistol at him near a playground.
Alha, throughout, maintained his innocence claiming he was in Ahmednagar at the time of the incident and that his call data records would prove this. He also pointed out discrepancies in the businessman’s statement that the person identified in CCTV footage was holding an axe, not a firearm, as alleged in the FIR.
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Although Alha had been involved in a separate case where a firearm was recovered from him, no such evidence was found in the current case.
The sessions court rejected his bail plea following which he approached the HC. However, he withdrew the same as the HC was not inclined to grant him bail.
When he sought bail again, Dhanwate filed an affidavit retracting his allegations and admitting that the person seen in the CCTV footage was not Alha.
“It seems that the complainant wanted to put the police, the Court and many more at his finger as per his desire and will… It is apparent that, without any substance, he has been sent to jail only due to the complaint and the identification of the labourer,” Justice Mehare observed.
Highlighting the bad living conditions in jail, the judge also questioned as to who would compensate Alha for the six months he spent behind bars.
Although the court said that liberty cannot be measured in money terms, it added that financial compensation is the general practice. The court hence directed Dhanwate to pay Rs 1.2 lakh to Alha for lost income and additional Rs 3 lakh for the violation of his right to liberty, totalling Rs 4.20 lakh.
