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Volume No - 14 Issue No - 8
This is not a case of mistaken identity. The 1st Respondent was aware that the person under investigation was not the Petitioner. When all attempts to arrest the person under investigation failed, the 1st Respondent without any reasonable explanation, arbitrarily exercised his power to detain and arrest the Petitioner. By not following the procedure established by law, the 1st Respondent deprived the Petitioner of knowing the nature of the offence or the reason for his arrest. Therefore, the 1 st Respondent has failed to satisfy this Court that the arrest and detention of the Petitioner was in accordance with the procedural and substantive safeguards provided by law. In all probability, the 1 st Respondent connived with the complainant to arrest and detain the Petitioner to place him under restraint in order to force a settlement of the money due to the complainant. The 1st Respondent’s conduct depriving the Petitioner of his personal liberties, as noted above, cannot be condoned by this Court.