The Karnataka High Court has held that whenever any arrest warrant is issued, whether bailable or non-bailable, the arresting officer is required to ascertain the identity and be sure that the person proposed to be arrested is the same person as against whom the warrant has been issued.

A single judge bench of Justice Suraj Govindaraj directed the state government to pay a compensation of Rs.5 lakhs to one Ningaraju N for wrongful arrest based on alleged confusion in his identity.

The bench said, “The only reason why the applicant had been arrested is that the name of his father was similar to the name of the person named in the warrant. I Am unable to comprehend as to how the name of the father being similar or even identical would have any role to play in the arrest, extrapolating the same logic if the arrest warrant has been issued for one brother, another brother or maybe even the sister could be arrested, merely, because the father name is identical. What is of primary importance is the identity of the person who is to be arrested and not any other aspect like the name of the father, though the same may have a corroborative role.”

“The Right to Life and Liberty Guaranteed under Article 21 of the Constitution of India is of paramount importance. By arresting a person whose arrest was not authorised there is a violation of the fundamental rights guaranteed under Article 21 of the Constitution of India,” it further added.

“The arrestee having been put to loss of liberty as also loss of reputation, I’am of the considered opinion that the State would be liable to compensate the arrestee for the same. The compensation is fixed at Rs.5,00,000/- (Rupees 5 Lakhs only), the said payment to be made within a period of eight weeks from today. The State is at liberty to recover the same from the Police Officers who had arrested the applicant.”

The bench also directed the Director General of Police that If Guidelines or Standard Operating Procedure are already issued to cater to this situation, training in this regard be provided to all arresting officers. If not issued the same shall be issued, as to what are the steps to be taken by the arresting officer before arresting a person including the verification of identity, within four weeks.

Case title: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD.