Bhim Singh v State of Jammu & Kashmir (1985)

Law of Torts · The Two Maxims

Facts.

Bhim Singh, a sitting MLA, was arrested by police while on his way to attend a session of the Legislative Assembly. He was detained in police custody and was not produced before a magistrate within the required period, so he missed the session and the vote.

Issue.

Where a citizen’s liberty and his right to attend the legislature are violated by unlawful police action, what remedy does the law give?

Held.

The Supreme Court held the detention wholly unlawful, a violation of Articles 21 and 22, and awarded ₹50,000 as exemplary compensation under Article 32.

Why it matters.

It is the leading Indian illustration of injuria sine damno, of ubi jus ibi remedium, and of the constitutional tort. It is also the answer to the recurring MLA problem set in 2012, 2025 and after.

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