Bhim Singh v. State of J&K

(1985) 4 SCC 677

 

 

FACTS:

 

YEAR:1985

COURT: Supreme Court Of India

JUDGES:O. Chinnapa Reddy And V. Khalid

APPELLANT:Bhim Singh, a policeman

RESPONDENT:State of Jammu & Kashmir

AREA OF LAW: False Imprisonment & Injuria Sine Damnum

Petitioner MrBhim Singh, an MLA of Jammu and Kashmir, was arrested by the police and prevented from attending the sessions of the legislative assembly to be held on the 11th of September 1985.He was arrested under section 153A of Ranbir Penal Code was registered against him for delivering a malicious/ seditious speech at the public gathering near the parade ground in Jammu on 8th September 1985.

He was not produced before any magistrate until the 13th of September and he was produced before magistrate within a requisite time period that is 24 hours. As a consequence of this, there was also a voting session at the assembly which he apparently missed, where his vote was very crucial but the person to whom he wanted to cast the vote won but his right to vote was infringed.

 

ISSUE(S):

 

1-    Whether there is false imprisonment of the petitioner?

2-    Whether the defendant liable to pay the exemplary cost as there is only legal injury but no damage?

Held

 

State of Jammu and Kashmir, was held guilty of the false imprisonment to the petitioner Bhim Singh. It is ordered that the respondent has to pay fifty thousand rupees as an exemplary cost to the petitioner within 2 months. The ratio decidendi of the case is Injuria sine damno.

 

Precedent

1.     Ashby v White (1703) 92 ER 126

2.    Rudul Shah v. State of Bihar(1983) 4 SCC 141

3.     Bird v. Jones, (1845) 7 QB 742, 752;