The Karnataka High Court has held the arrest of a Kodagu homestay owner illegal and ordered the Karnataka government to pay ₹5 lakh compensation for unlawful curtailment of personal liberty. The ruling is important because it reaffirms that fundamental rights cannot be waived merely because the police received a complaint through the embassy of another country.
The court’s order was issued by Justice M. Nagaprasanna on a petition filed by the homestay owner. The case arose after an alleged rape involving a U.S. citizen and a housekeeper in April.
What happened
The High Court found the arrest unlawful in the context of the petition before it. The court also treated the deprivation of liberty as serious enough to justify monetary compensation from the State.
Why the ruling matters
The ruling is a reminder that arrest power is not unlimited and that police action must remain consistent with constitutional guarantees. The case is relevant to Article 21 and the broader principle that personal liberty cannot be curtailed without lawful procedure.
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