18.In the present case, the age of both the
Petitioners (second and third Petitioners) is above 60
years. They were arrested at 20.50 on 2nd December 2011
at Aurangabad and were brought to Navghar Police
Station, Mulund, Mumbai from Aurangabad at 20.20 on 3rd
December 2011. They were taken from Aurangabad at 22.50
and they reached Navghar Police Station, Mulund, Mumbai,
nearly after 22 hours. They were shown as arrested in
the morning of 4th December 2011 and were released on
bail in the afternoon. Though the said Petitioners were
arrested just before 20.50 0n 2nd December 2011 at
Aurangabad, they were shown as arrested in Mumbai at
08.10 on 4th December 2011. They were thus illegally
detained by the Police nearly for 35 hours and 40
minutes. As they were not shown as arrested for a period
over 35 hours, they could not apply for bail. Apart from
gross violation of their fundamental rights, there is a
gross breach of the directions issued by the Apex Court
from time to time. There is no dispute about the facts.
Therefore, in the present case, both the second and
third Petitioners are entitled to reasonable
compensation of Rs.2,50,000/- each. Interest payable on
the said amount will be at the rate of 8% per annum from
the date of filing of the present Petition i.e. 28th
February 2012.
