3 min readNew DelhiUpdated: Oct 1, 2026 11:23 AM IST
In a strong rebuke of police “pressure tactics”, the Allahabad High Court has awarded Rs 40,000 in compensation to a man illegally detained for four days while authorities sought to force his brother, who is a suspect in an attempt to murder case and riling rioting case, to surrender. Highlighting that law enforcement cannot hold an innocent family member hostage to compel an accused person to turn themselves in, the court condemned the unlawful detention as a clear abuse of power.
Justice Atul Sreedharan and Divesh Chandra Samant, expressing their displeasure over the conduct of the police officials concerned, directed that the court’s displeasure be recorded in their service records and said on September 9, “The police cannot resort to pressure tactics to compel the actual offender to surrender before it by unlawfully detaining an innocent member of his family who has no connection with the alleged offence.”
The court, while hearing a habeas corpus petition filed by the man alleging unlawful detention, observed that such an act amounts to unlawful detention and that a person subjected to it would be entitled to compensation for the unjust loss of liberty, even if the detention is temporary.
‘Man was at police station’
The investigating officer told the court that, on the directions of the SHO, he and other police personnel went to the man’s house and picked him up on June 23 for interrogation in connection with a case involving his brother. The case against the brother had initially been registered under several offences and was later enhanced to include attempt to murder.
Justice Atul Sreedharan and Divesh Chandra Samant noted that the man was in illegal detention for four days.
It was further stated that the man’s brother was granted anticipatory bail on August 3 and had remained a fugitive from justice during the period when the petitioner was kept at the police station.
The court found that call detail records and CCTV footage showed that the man remained at the police station from June 23 to June 26 and held that he was entitled to compensation for his wrongful and unlawful detention.
The court noted that the man had no involvement in the alleged offence but was kept at the police station to pressure the accused to surrender. It also noted that the accused was later granted anticipatory bail in August 2026.
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The court awarded Rs 40,000 to the man and directed that the amount be recovered from the salaries of the police personnel responsible for his illegal detention, in such proportions as the state decides.
Justice Atul Sreedharan and Divesh Chandra Samant noted that the man was in illegal detention for four days.