Disposed¶17

Bharat Ku.Barik v. State of Orissa

Orissa HC17 Nov 2025WP(C)/4130/2018

Case brief

AI extract

What is this about?

Wrongful arrest; illegal detention / custody from 03.11.2017 to 13.11.2017; compensation for wrongful arrest and illegal detention; Odisha Human Rights Commission order; further compensation of Rs.1,50,000/-; recovery of entire Rs.2,00,000/- from erring officer; Prabir Kumar Das Vs. State of Odisha, 2007 SCC OnLine Ori 343; WP(C) No. 4130 of 2018; Biraja Prasanna Satapathy, J.; writ petition disposed on 17.11.2025.

What did the court decide?

Further compensation of Rs.1,50,000/- directed to be paid by Opposite Party No. 1 to the Petitioner within six weeks, in addition to the compensation already received under the Odisha Human Rights Commission's order; Opposite Party No. 1 permitted to recover the entire compensation of Rs.2,00,000/- from the erring officer responsible for the wrongful arrest. ¶17

Bharat Ku.Barik Vs State of Orissa — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the Petitioner, admittedly wrongly arrested and detained in custody from 03.11.2017 to 13.11.2017, is entitled to compensation as prayed for, in addition to the Rs.50,000/- already received pursuant to the Odisha Human Rights Commission's order, and if so, in what amount.

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Court's answer

In view of the clear admission that the Petitioner was wrongly arrested and remained in custody from 03.11.2017 to 13.11.2017, and in addition to the compensation already received pursuant to the Odisha Human Rights Commission's order, the Court directed Opposite Party No. 1 to pay further compensation of Rs.1,50,000/- to the Petitioner, to be released within six (6) weeks from the date of receipt of the order.

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Ratio / Principle

It is open for Opposite Party No. 1 to recover the entire compensation amount of Rs.2,00,000/- from the erring officer who wrongly made the arrest of the Petitioner.

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Detailed headnote1 paragraphs

Writ petition (WP(C) No. 4130 of 2018, High Court of Orissa at Cuttack, Biraja Prasanna Satapathy, J.) disposed of on 17.11.2025. On the clear admission in the counter affidavit that the Petitioner was wrongly arrested and remained in custody from 03.11.2017 to 13.11.2017, and in addition to the compensation already received pursuant to an order of the Odisha Human Rights Commission (based on an application by the Petitioner's father), the Court directed Opposite Party No. 1 to pay further compensation of Rs.1,50,000/- to the Petitioner, releasable within six (6) weeks of receipt of the order. The Court further held it open for Opposite Party No. 1 to recover the entire compensation amount of Rs.2,00,000/- from the erring officer who wrongly made the arrest. The State had relied on Prabir Kumar Das Vs. State of Odisha, 2007 SCC OnLine Ori 343 (where compensation of Rs.3,00,000/- was assessed in a detention case resulting in death) to urge a lower further figure of Rs.1,00,000/-; the Court awarded a higher amount without expressly adopting or distinguishing the precedent.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 4130 of 2018

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Bharat Ku. Barik

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State of Odisha & Ors.

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..... Petitioner Mr. D.K. Sahoo, Advocate

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-versus- ..... Opposite Parties Mr. M.R. Mohanty, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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17.11.2025

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Order No. 17

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This matter is taken up through hybrid mode.

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Heard Mr. D.K. Sahoo, learned counsel appearing for the Petitioner and Mr. M.R. Mohanty, learned Addl. Govt. Advocate appearing for the Opp. Parties.

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It is contended that even though in the counter affidavit, it has been fairly admitted that Petitioner has been wrongly arrested and remained in custody for the period from 03.11.2017 to 13.11.2017, but basing on the order passed by the Odisha Human Rights Commission and the application made by the father of the Petitioner, Petitioner is eligible and entitled to get the compensation as prayed for.

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Learned Addl. Govt. Advocate though on the other hand admits that Petitioner was wrongly apprehended and remained in custody, but placing reliance on a decision of this Court in the case of Prabir Kumar Das Vs. State of Odisha reported in 2007 SCC OnLine Ori 343, contended that in case of similar nature, where during such illegal detention the person concerned died, this Court assessed the compensation at Rs.3,00,000/-. It is accordingly contended that since

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the Petitioner has already received a sum of Rs.50,000/-, further compensation of Rs.1,00,000/- will be just and proper.

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Having heard learned counsel appearing for the Parties, considering the submission made and in view of the clear admission that Petitioner has been wrongly arrested and remained in custody for the period from 03.11.2017 to 13.11.2017, this Court in addition to the compensation already received pursuant to the order passed by the Odisha Human Rights Commission, directs Opp. Party No. 1 to pay a further compensation amount of Rs.1,50,000/- to the Petitioner. The said amount be released within a period of six (6) weeks from the date of receipt of this order. However, it is open for the Opp. Party No. 1 to recover the entire compensation amount of Rs.2,00,000/- from the erring officer, who wrongly made the arrest of the Petitioner.

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The writ petition accordingly stands disposed of.

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(BIRAJA PRASANNA SATAPATHY) Judge

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Sneha

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Signature Not Verified

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Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Nov-2025 10:18:54

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Bharat Ku.Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bharat Ku.Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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