The Allahabad High Court has laid down guidelines to prevent people from being jailed for days under preventive detention provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged breach of peace [Chandar Pal Singh Vs State of UP].

A Bench of Justices Siddharth and Vinai Kumar Dwivedi directed that any person detained under BNSS or the Code of Criminal Procedure (CrPC) should be required to furnish only a personal bond undertaking to keep peace and maintain good behaviour.

The Court also made it clear that no surety should ordinarily be insisted upon for release of such persons.

Further, the amount of personal personal bond should not exceed ₹20,000.

“The amount of such bond shall not exceed ₹20,000 and no surety shall be required to be furnished,” the Court said.

The Bench added that if the bond amount is increased, the Magistrate must record reasons in writing. If the detained person executes the bond on the date of detention, he must be released.

The Court also directed that if a person refuses to execute personal bond after being produced before the Magistrate or Commissioner of Police, such refusal must be recorded in writing and through audio-video mode before sending him to jail.

Pertinently, the Court held that if a person is detained for more than 24 hours without any plausible reason, the State government will have to pay compensation of ₹25,000 per day.

“In cases where a person is detained for more than 24 hours in violation of this order, without any plausible reason, an amount of ₹25,000 per day shall be payable to the detained person as compensation by the State Government,” the verdict said.

The Court said the amount should later be recovered from the salary of the Magistrate, police officer or both, if they are found responsible after disciplinary proceedings.

Key directions issued by the Allahabad High Court:

• A person detained under BNSS or CrPC preventive provisions should be asked to furnish only a personal bond;

• The personal bond amount should not exceed ₹20,000;

• No surety should be required;

• If the bond amount is increased, the Magistrate must record reasons.

• If the detained person executes the bond on the date of detention, he must be released immediately;

• If the person refuses to execute the personal bond, the refusal must be recorded in writing and through audio-video mode before sending him to jail;

• The person must be produced before the Magistrate on the date chosen by him to furnish the personal bond;

• If a person is detained for more than 24 hours without any plausible reason, the State must pay ₹25,000 per day as compensation;

• The compensation can be recovered from the salary of the Magistrate, police officer, or both, if found responsible after disciplinary proceedings;

• The Magistrate and/or police officer prima facie responsible must face disciplinary proceedings for dereliction of duty.

The directions came in a habeas corpus petition filed by one Chander Pal Singh, a practising advocate of the High Court, and his wife against the State of Uttar Pradesh.

Singh alleged that he was picked up by police from Teelamodh Police Station in Ghaziabad around 11 am on February 22. He said he was not produced before a Magistrate within 24 hours and was later sent to jail under preventive provisions, despite furnishing bonds of ₹50,000.

The State said that a non-cognisable report had been registered against Singh on a complaint that he had obstructed a passage by installing a gate. It said he was challaned under Sections 170 (arrest to prevent commission of cognizable offences), 126 (security for keeping peace in other cases) and 135 (inquiry by Magistrate) of the BNSS and produced before the competent court.

The Court was not satisfied. It noted that the Commissioner of Police of Ghaziabad had filed a compliance affidavit showing that several persons had earlier been arrested and detained for days.

“From the aforesaid inquiry report, we do not find any justification for keeping the petitioner in jail despite the execution of the bail bond.”

The Court awarded Singh ₹75,000 as compensation at ₹25,000 per day.

The Bench also took note of the compliance affidavit filed by the Ghaziabad Police Commissioner. While the affidavit said that no person was currently under detention, the Court said the report showed that persons had earlier been arrested and detained in jail for several days and were released only after the Court’s order “to show good work.

Hence, it proceeded to issue guidelines to prevent abuse of preventive detention powers.

[Read Judgment]