Allahabad High Court orders State to pay ₹2 lakh to man illegally detained for 8 days

The Allahabad High Court recently ordered the Uttar Pradesh government to pay a compensation of ₹2 lakh to a man who was illegally detained by the police for eight days [Mansoor Ahmad @ Lallu and another v State of UP and 4 Others].

A Division Bench of Justice Siddharth and Justice Vinai Kumar Dwivedi ordered that the amount be recovered from Assistant Commissioner of Police, Bara at Prayagraj, after conducting a disciplinary inquiry against him within three months.

“We find that petitioner no.1 has been kept in illegal judicial custody for 8 days and therefore, he is directed to be compensated at the rate of Rs.25,000/- per day coming to Rs.2 lacs for his illegal detention within six weeks by the State Government,” the Court ordered on June 8.

The petitioner, Mansoor Ahmad, had been taken into custody by the police on March 19 by invoking legal provisions enabling the preventive action of individuals to maintain public peace and to prevent the commission cognisable offenses. After his family moved the High Court, he was released on March 27.

The Court observed that he was in jail for eight days under Section 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS) when he could not have been kept in custody for more than 24 hours.

The police said that he was taken into custody after he allegedly hurled abuses against people in the Patwari village, due to which there was an apprehension of breach of peace.

It added that he was first produced before the Assistant Commissioner of Police (ACP), and that since he could not produce surety, he was sent to judicial custody.

However, the Court found that the ACP passed the order on a printed proforma relating to persons who fail to furnish surety. It added the petitioner was produced before the ACP on March 19 and directly sent to judicial custody till March 27.

“There is no recital in the order that on the date of production of petitioner no. 1 before the Assistant Commissioner of Police, he refused to furnish personal bond for keeping the peace. He was directly directed on 19.3.2026 to appear before the Magistrate on 27.03.2026 and on that date bond was taken and he was released. Therefore, it is clear that the provisions of Sections 170, 126, and 135 of the B.N.S.S. were flagrantly violated by the Assistant Commissioner of Police/Special In-charge Magistrate, Commissionerate Prayagraj,” the Court ruled.

It added that if the petitioner had failed to produce surety on March 19, he could have been provided an opportunity on March 20 to furnish a personal bond for keeping the peace and maintaining good behaviour. 

“The Assistant Commissioner of Police fixed the next date after eight days; therefore, petitioner no. 1 was kept in illegal detention for eight days, dehors the provisions of law,” the Court found.

The data supplied to the Court by Chief Judicial Magistrate, Prayagraj, also revealed that 283, 1321 and 721 persons were detained in violation of the law in 2024, 2025 and 2026, respectively.

“This is shocking state of affairs in the Commissionerate, Prayagraj. The Commissioner of Police has been given the powers of a Magistrate, which are being misused to the hilt,” the Court said.

Advocate Pushpendra Singh represented the petitioners.

Additional Advocate General Anoop Trivedi, with Additional Government Advocate Mohd Shoeb Khan, appeared for the State.

[Read Judgment]