Shri Binodray P. Joshi, Principal of Government School, Rajkot alleged that he and his family members had, on various occasions, been subjected to illegal detention, assault and physical torture by the police officers named in his complaint at the instance of a Member of the Legislative Assembly (MLA) because the petitioner had not permitted the MLA’s supporters to cast bogus votes when he was acting as an Assistant Presiding Officer at the time of elections.

The report from the District Superintendent of Police, Rajkot, Gujarat admitted the fact of illegal detention of the petitioner for five days, though it denied the allegations of assault and torture. Without going into the other allegations, the Commission took the view that a single incident of illegal detention constituted a reprehensible act on the part of the police. It observed that it was sad that the protectors of law had become perpetrators of such heinous offences.

The Commission took the view that compensation ought to be awarded to the victim whose human rights had been violated by the police. It thus recommended that the Government of Gujarat pay Rs.25,000/- as interim compensation to the victim. It also directed that a criminal complaint be filed against the guilty police officers as the Government had taken only departmental action against them