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;
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