A division bench of Justices S C Dharmadhikari and S B Shukre was hearing a petition yesterday filed by Chandrakant Vannam that he was illegally detained by the Wadala TT police for a day without any case registered against him last year.
Vannam, a resident of suburban Sion Koliwada, was allegedly detained by the police on September 9, 2012 after his neighbour complained to the police that he was conducting illegal construction in his hutment.
Aggrieved by this, Vannam wrote letters to the senior police inspector and deputy commissioner of police but did not get any response following which he petitioned the High Court.
The state government informed the High Court on Wednesday that it would conduct a preliminary enquiry after which it would decide if departmental inquiry is required.
"Once law does not permit any detention we see no scope for preliminary enquiry. We do not see why preliminary enquiry is required to ascertain the truth behind the allegations. Departmental inquiry is required to see whether there is a case of misconduct, dereliction of duty and act unbecoming of a police officer," the court said.