6 days ago
Allahabad High Court Bars Police Detention of Families
The court said police cannot hold an innocent relative to force someone else to surrender.
It said doing this takes away the relative’s freedom unlawfully.
Arvind Kumar Yadav said police took him from his home on June 23.
He was kept at the police station until about 7 p.m.
on June 26.
The police said he was taken for questioning about a case involving his brother.
The court found that he had been unlawfully kept for at least four days.
It ordered the police to pay him Rs 40,000.
The responsible officers may have the amount taken from their salaries.
The Allahabad High Court ruled that police cannot detain innocent family members to pressure an accused to surrender.
The court called such detention an unlawful deprivation of liberty that can justify compensation.
Arvind Kumar Yadav was awarded Rs 40,000 for being held at George Town police station.
The compensation is to be recovered from the salaries of responsible police personnel.
The court ordered that its displeasure be recorded in the service records of the investigating officer and station house officer.
- Who
- The Allahabad High Court, petitioner Arvind Kumar Yadav, and police personnel including investigating officer Ashvani Savita and SHO Yogendra Kumar Singh.
- What
- The court ruled that police cannot unlawfully detain an innocent family member to pressure an accused and awarded Yadav Rs 40,000.
- Where
- He was taken from his home in Jaunpur and held at George Town police station in Lucknow.
- When
- Yadav was allegedly detained from June 23 until about 7 p.m. on June 26; the court’s decision was dated September 9, with no year specified.
- Why
- The court said the detention unlawfully deprived Yadav of his liberty; police stated he was taken for interrogation in connection with his brother’s case.
Petitioner and Court’s View
Police Explanation
Reason for detention
Petitioner and Court’s View
Yadav said he had no connection with the case and was unlawfully taken from his home to pressure his brother to surrender.
Police Explanation
Investigating officer Ashvani Savita said he and other police personnel picked up Yadav on the SHO’s directions for interrogation in connection with the offence.
Legality of custody
Petitioner and Court’s View
The court found that keeping Yadav at the police station for at least four days was an unlawful deprivation of liberty warranting compensation.
Police Explanation
The state did not dispute that Yadav remained at the police station until his release on June 26, although police described the detention as interrogation.
Key facts
- Petitioner
- Arvind Kumar Yadav
- Compensation
- Rs 40,000
- Detention period
- June 23 to about 7 p.m. on June 26
- Police station
- George Town police station, Lucknow
- Related accused
- Yadav’s brother, Suresh Kumar
- FIR provision added
- Section 109 of the Bharatiya Nyaya Sanhita, described in the article as attempt to murder
- Accountability order
- Recovery from responsible personnel’s salaries and adverse entries in the IO’s and SHO’s service records
Sources
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