HC orders Rs 25k damages to man kept in illegal detention by police

Prayagraj: Noting that detaining a person in police custody beyond 24 hours without producing him before a magistrate is illegal, the Allahabad high court has ordered the Uttar Pradesh govt to pay Rs.25,000 as compensation to a Prayagraj resident for unlawful detention.

The division bench of Justice JJ Munir and Justice Sanjay Kumar passed the order while hearing the petition filed by Matamber Mishra, who was “illegally deprived of his liberty” by a police officer, Surya Prakash Dubey.

Mishra was kept in illegal detention in police custody from Nov 26, 2022 to Nov 27, 2022.

The bench further granted liberty to the state to recover the amount from the erring officer “in whatever manner they deem appropriate, including deducting it from his remuneration.”

The court made sharp observations on police accountability, noting that judicial declarations and govt policies often have limited impact on officers implementing them.

It said officials tend to rely on the belief that out of “one thousand violations,” only one citizen would step forward to enforce rights and seek accountability, allowing many violations to go unchecked.

The bench said when a citizen approaches the court, it becomes the court’s duty to enforce rights already guaranteed under the Constitution, laws, and govt policy.

The judgment noted that even in the counter affidavit filed by the police, there was no denial of the allegation of illegal detention, which the court treated as significant while granting relief.

Article 22 of the Constitution mandates that an arrested person must be produced before a magistrate within 24 hours, excluding travel time, and detention beyond that requires judicial remand, forming a safeguard against arbitrary arrest and prolonged custody without oversight.