In Allahabad High Court: Illegal detention case, Rs 50,000 payout, praise for police officer

“This Court unhesitatingly holds that the petitioner was held in illegal custody from 15.08.2026 till he was produced before the Magistrate and sent to judicial remand on 19.08.2026,” the order read.

Justices Atul Sreedharan and Achal Sachdev passed the order on September 18 while hearing a habeas corpus petition filed by a man.

According to the plea, the petitioner was allegedly picked up from his shop by two armed policemen on August 15. The court had earlier sought the personal affidavit of the Superintendent of Police after reference was made to CCTV footage of the incident.

The Deputy Commissioner of Police, in his affidavit, told the court that the petitioner had a property dispute with his neighbour, who levelled a serious allegation against him of being a citizen of Bangladesh and filed a police complaint against the petitioner. The high court made it clear that it was not examining the merits of those allegations and was concerned only with the legality of his custody.

It was further stated in the affidavit that the petitioner was picked up from his medical shop on August 15 and sent to jail on August 19. The deputy commissioner of police told the court that the Station House Officer and the investigating officer had failed to give a satisfactory explanation for the petitioner’s detention from August 15. Both officers were suspended on September 17 for gross negligence.

The SHO claimed that he had instructed two constables to ask the petitioner to report to the police station, but they misunderstood the instructions and took him along with them. The SHO also said that he had been away from the police station on August 15 following a firing incident in the area.

The court thus held that the petitioner had been kept in illegal custody from August 15 until his production before the magistrate and subsequent remand on August 19. It ordered that he be released forthwith, unless he was wanted in any other case. The court clarified that the order would not prevent the State from arresting him again if necessary, provided the procedure established by law was followed.

The bench further directed the State to pay Rs 50,000 as compensation for the illegal detention. The amount is to be recovered from those found responsible after an inquiry.

The court appreciated the Deputy Commissioner of Police for acknowledging the police error and directed that the officer’s conduct be placed on his service record. It similarly appreciated the SHO’s disclosure of the circumstances leading to the illegal detention.

“The Court hopes that the police would take cognizance and carry out corrective measures in future, so that such incidents may not happen, while the requirement of an accused in the investigative process is also fulfilled and his constitutional rights are also taken into cognizance,” the order read.