The Bombay High Court has delivered a significant ruling, asserting that police officers violated a woman's fundamental right to privacy by entering her bedroom and seizing her mobile phone without adhering to mandatory legal procedures. The court directed the Maharashtra government to pay ₹10,000 in compensation to the petitioner, with the State permitted to recover the amount from the responsible police officer.
Illegal Search and Seizure Condemned
A Nagpur bench, comprising Justice Urmila Joshi Phalke and Justice Nivedita Mehta, emphasized that the right to privacy is an integral component of the right to life and personal liberty, guaranteed under Article 21 of the Constitution. The bench observed, "Entry into the residential premises of a citizen, more particularly into the bedroom occupied by a woman, without adherence to the statutory safeguards and forcible seizure of her mobile phone constitutes a serious invasion of privacy and dignity."
Details of the Violation
The case originated from a petition filed by a 26-year-old woman from Saoner in Maharashtra's Nagpur district. She alleged that police repeatedly visited her home while investigating a fatal car accident, despite neither she nor her husband being accused in the case. According to the petition, police officers arrived late at night, entered her bedroom, questioned her, and seized her mobile phone. The phone remained in police custody for two days without the authorities following the statutory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for search and seizure. The petitioner argued that the police failed to prepare required seizure documents and ignored crucial safeguards designed to protect citizens during investigations.
Court Rejects Police Justification
The High Court firmly rejected the police's justification that the search was a necessary part of an ongoing investigation. The court stressed that investigative powers do not grant authorities the freedom to disregard statutory requirements. "The investigating agency is expected to act strictly within the bounds of law, and the object of investigation cannot legitimise an otherwise illegal search or seizure," the bench stated. The judges found clear non-compliance with the mandatory legal procedures governing searches and seizures, rendering the police action unlawful.
Compensation for Fundamental Rights Breach
Holding that the petitioner's fundamental rights had been infringed, the court awarded ₹10,000 as compensation for the violation of her privacy. While acknowledging that monetary compensation cannot fully undo the harm, the bench stated it was essential to recognize the breach of constitutional rights. "Though monetary compensation cannot restore the lost privacy and dignity of the petitioner, it is considered appropriate to award compensation for the violation of her fundamental rights," the court observed. The Maharashtra government is directed to pay the compensation within two months, retaining the right to recover the amount from the police officer responsible for the illegal actions.