Allahabad High Court Orders Up To Pay 25000 Illegal Detention

The Allahabad High Court recently awarded Rs 25,000 compensation to a man who was illegally detained by a police officer for 24 hours, observing that the officer had violated the petitioner’s fundamental right to personal liberty.

“We hold that the petitioner was illegally deprived of his liberty by Dubey, a police officer, in the colour of exercise of authority of the State, and for the aforesaid act, the petitioner must be given monetary recompense,” the court noted in its order dated May 29.

The bench noted that there was no outright denial of the allegations that the petitioner had been forcibly taken to the police station and detained in the lockup. In the absence of a categorical denial, the court held that the fact of illegal detention would be deemed admitted.

The court observed that the police had little business in the matter unless there was a definitive cognisable offence committed.

Rejecting the police version that the parties had voluntarily arrived at the police station and entered into a compromise, the court remarked that it was implausible that a person accused in a domestic dispute would simply walk into a police station to amicably settle the matter with a police officer.

The court remarked that the police officer was not a spiritual guru, a panch parmeshwar or a community leader, to whom the petitioner and his relative would head out voluntarily to submit their dispute for guidance and amicable settlement.

“The holding of a disciplinary inquiry into the conduct of a police officer is essentially an administrative function of the Government or the superior officers of the police. Even if that relief is granted and Dubey punished in departmental proceedings, it would not remedy the wrong which the petitioner has suffered on account of illegal deprivation of his liberty,” the court noted.

The court held that the petitioner was illegally deprived of his liberty by the police officer, in the colour of exercise of authority of the state, and for the aforesaid act, the petitioner must be given monetary recompense.

Accordingly the court allowed the plea and granted compensation to the petitioner.

The court granted liberty to the state government to recover the amount from errant police officer, and clarified that the compensation awarded in the writ proceedings would not prevent the petitioner from instituting a civil suit seeking higher damages for his illegal detention.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More