The Bombay High Court has directed the Maharashtra government to pay ₹2 lakh in compensation to Arun Thomas Ferreira, holding that his arrest in September 2011 violated his fundamental rights. A Division Bench of Justice Urmila Joshi Phalke and Justice Raj D. Wakode found that the police had failed to follow mandatory legal safeguards while taking him into custody.
The Court partly allowed Ferreira's criminal writ petition and held that the actions of the concerned police officers violated his right to personal liberty under Articles 21 and 22 of the Constitution.
Background
Ferreira was arrested in May 2007 in connection with a criminal case registered at Dhantoli Police Station, Nagpur. He subsequently faced trials in eight criminal cases and was acquitted in all of them.
After the final acquittal on September 23, 2011, he furnished the required bail bond and was released from Nagpur Central Prison on September 27, 2011.
Ferreira alleged that shortly after leaving prison, he was taken away by persons in civilian clothes in an unnumbered vehicle. His mother, brother and advocate were present, but they were not informed about the reasons for taking him into custody.
The police maintained that he was required for investigation in two other cases registered at Purada Police Station in Gadchiroli district.
The Bench examined the arrest records, station diary entries, photographs and complaint submitted by Ferreira's advocate. It noted that the police had not produced records establishing the claimed instructions to take him into custody. The Court also found no documentary evidence that the grounds of arrest had been communicated to Ferreira or that his family had been informed.
Emphasising the constitutional protection available to every arrested person, the Court observed:
"Article 22(1) casts a mandatory unexceptional duty on the State to provide the arrested person with the grounds of such arrest with the objective to enable that person to be able to defend himself by consulting a legal practitioner of his choice."
The Bench rejected the suggestion that the alleged gravity of the accusations or the need for secrecy could justify non-compliance with these safeguards. It relied on Supreme Court precedents, including D.K. Basu v. State of West Bengal, concerning safeguards against unlawful arrest and detention.
The Court further held:
"The petitioner was arrested without following due process of law."
It concluded that the manner in which Ferreira was taken into custody and the failure to communicate the grounds of arrest amounted to a violation of his fundamental rights.
The High Court partly allowed the petition and directed the State of Maharashtra to pay Ferreira ₹2 lakh in compensation within eight weeks. The amount must be deposited in the Court. It also permitted Ferreira to approach the appropriate court for further compensation if dissatisfied with the amount awarded.
However, the Bench declined to direct an inquiry by the officer in charge of Dhantoli Police Station into the complaint filed by Ferreira's advocate.
The criminal writ petition was disposed of accordingly.
Case Details
Case Title: Arun Thomas Ferreira v. State of Maharashtra & Ors.
Case Number: Criminal Writ Petition No. 467 of 2012
Judges: Justice Urmila Joshi Phalke and Justice Raj D. Wakode
Decision Date: October 27, 2026
