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‘Gross violation’: Allahabad High Court imposes Rs 10 lakh cost on state over man’s 3-month illegal detention
The court noted that the arrest memo merely mentioned the case crime number without disclosing specific grounds for arrest.
A press release issued by the police on Thursday stated that the accused was arrested immediately. (Representative Image)
The Allahabad High Court has imposed Rs 10 lakh costs on the state over the illegal arrest and incarceration of a man for a period of three months.
A bench of Justices Abdul Moin and Pramod Kumar Srivastava passed the order on a habeas corpus petition, noting that the arrest memo merely mentioned the case crime number without disclosing specific grounds for arrest.
“Considering the illegal arrest of the petitioner since 27.1.2026 which continues even as of date i.e. 29.4.2026 and his illegal incarceration in jail being of more than three months, the Court is of the view that exemplary costs quantified at Rupees Ten Lakhs are also imposed on the State authorities,” the bench ordered.
Justices Abdul Moin and Pramod Kumar Srivastava
‘Illegal arrest’
The court noted that the petitioner was arrested without complying with the procedure as directed by the Supreme Court in the case of Mihir Rajesh Shah v. State of Maharashtra wherein the apex court, after considering Article 22(1) of the Constitution of India, has held that no person who is arrested shall be detained in custody without being informed of the grounds of such arrest.
The high court further observed that the remand order granted by the magistrate being based on the illegal arrest of the petitioner, was also liable to be set aside.
The court took serious note of the state’s failure to comply with its earlier direction seeking an explanation on why costs should not be imposed. It observed that the additional chief secretary (home) had failed to provide any justification and displayed a lack of application of mind.
“The court is constrained to observe that the Additional Chief Secretary (Home) has failed to file a reply with regard to submission of a reply as to why exemplary costs should not be imposed,” the court noted.
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In a strong observation, the court remarked that the additional chief secretary did not even cared to go through its earlier order which required him to file a reply as to why exemplary cost should not be imposed for the illegal incarceration of the petitioner in jail for almost three months.
“The personal affidavit of the Additional Chief Secretary (Home) indicates that appropriate action is being taken or shall be taken after receipt of the report and the personal affidavit does not even contain a whisper regarding the explanation as to why exemplary cost should not be imposed,” the court observed.
The court remarked that if such non-application of mind is evident at the level of the highest authority in the home department, namely the additional chief secretary, it raises concerns about the functioning of other authorities within the state.
The court further observed that despite its earlier order the authorities concerned failed to act, allowing the petitioner’s illegal incarceration to continue.
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Noting that the petitioner had been unlawfully detained since January 27, 2026, amounting to over three months as of April 29, 2026, the court held that the case warranted imposition of exemplary costs.
Accordingly, it directed the state authorities to pay Rs 10 lakh as compensation, to be disbursed to the petitioner within four weeks.
The court clarified that while the amount shall be paid in the first instance by the state government, it would be at liberty to recover the same from the officials found responsible in accordance with law.
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