Activist Arun Ferreira's arrest illegal, give him Rs 2 lakh: Bombay HC

The Bombay High Court ruled on Tuesday that the 2011 re-arrest of activist Arun Ferreira constituted a violation of his fundamental rights, ordering the Maharashtra state government to pay him compensation of 2 lakh rupees. The court determined that the incident breached Articles 21 and 22(1) of the Indian Constitution, which guarantee personal liberty and the right to be informed of the grounds for arrest. The judge directed the state to deposit the sum in court within eight weeks. Ferreira was originally detained by Nagpur police on May 8, 2007, for alleged involvement in Maoist activities. He remained in custody for over four years, facing charges in multiple jurisdictions including Gondia and Chandrapur. Following his final acquittal by a Chandrapur sessions court on September 23, 2011, he executed a bail bond and was scheduled for release. On September 27, 2011, as he exited Nagpur Central Jail around 2:30 p.m., he was intercepted by police personnel. According to Ferreira’s petition, a group of six individuals in civilian clothing approached him. They reportedly covered his mouth, lifted him, and placed him into a vehicle. While Ferreira described the car as numbered, his counsel stated that plainclothes officers from the Gadchiroli police forced him into an unnumbered vehicle without identifying themselves or providing a reason for the detention. At the time, his mother, brother, and lawyer were waiting outside the prison gates. His lawyer, Surendra Gadling, immediately filed a complaint with the police, characterizing the incident as an abduction. The state defense argued that the procedure was lawful because Ferreira was required in two existing cases in Gadchiroli related to alleged Maoist violence from 2007. Officials claimed that the removal of the vehicle’s license plate and the use of civilian dress were necessary security measures because Ferreira was considered a senior member of a Naxal group. However, the court rejected these explanations. The bench noted that neither the general diary entry nor the arrest memo indicated that Ferreira or his relatives were informed of the grounds for his detention. Furthermore, there was no written record showing that the Gadchiroli Superintendent of Police had authorized the specific method of taking him into custody. When Ferreira was presented before a magistrate on September 28, 2011, he lodged a formal complaint regarding the manner of his capture. The court observed that this grievance was not addressed before custody was granted. The Additional Public Prosecutor maintained that due process had been followed, but the judges concluded that the police had exceeded legal limits. The court held the Gadchiroli Superintendent of Police and the Sub-Inspector who effected the arrest personally responsible for the violations. Consequently, the liability for compensation was assigned to the state rather than the individual officers. Ferreira was subsequently released on bail in January 2012 and fully acquitted in all pending cases in 2014. His legal troubles continued in subsequent years. In January 2018, violence erupted in Bhima Koregaon near Pune following a political gathering known as the Elgar Parishad, resulting in one death and multiple injuries. Ferreira was among 16 activists, academics, and lawyers charged under the Unlawful Activities Prevention Act for allegedly instigating the unrest. He was arrested in August 2018 and held for nearly five years until the Supreme Court granted him conditional bail in July 2023. The National Investigation Agency has alleged that the Elgar Parishad was part of a broader conspiracy to destabilize the central government and assassinate Prime Minister Narendra Modi. Separately, in April 2024, the Maharashtra State Human Rights Commission ordered the state and the superintendent of Taloja jail to pay another 2 lakh rupees in compensation for failing to deliver a letter Ferreira wrote to his mother while in custody.