Full Judgment Text
JUDGMENT
W.P.(C) 8821/2025 — Priya Sharma vs State of Delhi & Anr.
This writ petition was filed under Article 226 of the Constitution of India seeking compensation for unlawful detention and custodial harassment suffered by the petitioner at the hands of Delhi Police personnel.
FACTS:
The petitioner was detained without due process for a period of 36 hours in October 2025. During this period, she was denied legal representation, subjected to verbal intimidation and denied basic sanitation facilities. No FIR was registered and she was released without charge.
HELD:
1. The detention was patently illegal, violating Article 21 and Article 22 of the Constitution. The police personnel acted without any legal authority.
2. The constitutional tort doctrine, as expounded by the Supreme Court in Nilabati Behera vs State of Orissa (1993) 2 SCC 746, squarely applies. The State of Delhi is vicariously liable for the acts of its police personnel.
3. Compensation of ₹5,00,000 (Rupees Five Lakhs) is awarded to the petitioner, to be paid within four weeks.
4. The Commissioner of Police, Delhi, is directed to initiate departmental proceedings against the errant officers within two months and submit a compliance report.
W.P.(C) 8821/2025 — Priya Sharma vs State of Delhi & Anr.
This writ petition was filed under Article 226 of the Constitution of India seeking compensation for unlawful detention and custodial harassment suffered by the petitioner at the hands of Delhi Police personnel.
FACTS:
The petitioner was detained without due process for a period of 36 hours in October 2025. During this period, she was denied legal representation, subjected to verbal intimidation and denied basic sanitation facilities. No FIR was registered and she was released without charge.
HELD:
1. The detention was patently illegal, violating Article 21 and Article 22 of the Constitution. The police personnel acted without any legal authority.
2. The constitutional tort doctrine, as expounded by the Supreme Court in Nilabati Behera vs State of Orissa (1993) 2 SCC 746, squarely applies. The State of Delhi is vicariously liable for the acts of its police personnel.
3. Compensation of ₹5,00,000 (Rupees Five Lakhs) is awarded to the petitioner, to be paid within four weeks.
4. The Commissioner of Police, Delhi, is directed to initiate departmental proceedings against the errant officers within two months and submit a compliance report.