The Allahabad High Court recently ordered the State to pay a compensation of ₹1.25 lakh to a man who was unlawfully detained for five days at a police station [Gyanti Devi And 2 Others v State of UP & 3 Others].
A bench of Justice Atul Sreedharan and Justice Achal Sachdev observed that the investigating officer, who had detained the man, demonstrated an "arrogance of authority" by not following the procedure established by law.
"The manner in which the I.O. has demonstrated his arrogance of authority, by detaining petitioner No.2 for full five days without even thinking twice and without following the procedure established by law, makes it appear that he considered it business as usual," the Court said.
It added that the harshest punishment should be imposed upon the errant errant police officer in case he is found guilty in a departmental inquiry initiated by the police department in the matter.
The Court proceeded to order the payment of ₹1.25 lakh to the person who was detained illegally for five days.
"This Court is of the opinion that, for the period of five days undergone by petitioner No.2 in custody without adherence to the procedure established by law, compensation at the rate of Rs.25,000/- per day is granted, which amounts to Rs.1,25,000/-. This shall not preclude the right of petitioner No.2 to sue the Police Department in an action in tort for damages," the Court directed.
The Court further said that the compensation paid should be recovered from the police officers found guilty of having carried out the illegal detention.
"The compensation granted to the petitioner shall be recovered from such persons who, after an inquiry, are found guilty of having detained him. The State may effect such recovery, if so desired," it said.
The Court passed the order on a habeas corpus petition moved by one Gyanti Devi who said her son Chandan Rajbhar was detained by the police after he eloped with an 18-year-old woman. An FIR registered in Deoria under Section 87 of the Bharatiya Nyaya Sanhita alleged that the woman was kidnapped with the intention of compelling her to enter into a marriage.
Rajbhar was taken into custody by Salempur police in district Deoria on August 28. He remained under illegal detention before he was formally arrested on September 2.
In response to the plea, the State conceded that the investigating officer Deep Narayan Yadav had illegally detained Rajbhar for five days. Superintendent of Police (SP), Deoria has initiated a disciplinary inquiry against Yadav, the Court was told.
In the order passed on October 29, the Court appreciated Circle Officer Rajesh Chaturvedi's report disclosing the true facts through his inquiry report. It also appreciated SP Abhijeet R Shankar.
"Therefore, what comes out from the entire exercise conducted by the police is that the case of the petitioner is accepted relating to unlawful detention," the bench said.
It, therefore, allowed the petition and ordered the release of Rajbhar. However, the Court clarified that the criminal case against him shall be tried and concluded on the basis of the evidence presented before the trial court.
Further, the Court directed the State to make an entry of appreciation in the service records of SP Shankar and Circle Officer Chaturvedi.
Advocate Awadhesh Kumar represented the petitioners.
[Read Order]