23 hrs ago
Allahabad High Court Orders Release After Illegal Police Detention
The Allahabad High Court considered a man's claim that police held him without officially recording his arrest.
He said this began on September 14, and the police recorded his arrest on September 16.
The court said the police must record when someone is taken into custody.
It decided that making the arrest official later did not fix the earlier illegal detention.
The court also said that later steps in the case were affected by how the detention began.
It ordered the man released and awarded him Rs 30,000.
The court directed an inquiry into which officers were responsible.
The state had argued that he could not be released without a bail order.
The Allahabad High Court ordered the release of a man held by Uttar Pradesh Police for about 31 hours before his arrest was formally recorded.
The man said police took him to Soraon Police Station from Ayodhya at 9 p.m. on September 14; the arrest was officially recorded on September 16.
The court said a later formal arrest could not legitimize the earlier unlawful detention and treated the subsequent arrest and remand as unlawful.
It awarded the man Rs 30,000 in compensation and directed the Prayagraj commissioner to investigate and identify responsible officers.
The state argued that release required a bail order because the man was in judicial custody; the court rejected that position in this case.
- Who
- The Allahabad High Court, hearing a man's plea against Uttar Pradesh Police.
- What
- The court ordered the man's release, awarded Rs 30,000 compensation and directed an inquiry into the officers responsible for his detention.
- Where
- The case concerned custody at Soraon Police Station in Prayagraj after the man was brought from Ayodhya.
- When
- The court order was dated September 28; the man said he was taken into custody on September 14, and his arrest was formally recorded on September 16.
- Why
- The court found that the police had unlawfully detained the man and that a later formal arrest could not legitimize that detention.
Man's arguments and court's findings
State's position
Whether the man could be released
Man's arguments and court's findings
The man’s lawyers argued that the initial detention was unlawful and that the later arrest could not cure it; the court ordered his release.
State's position
The state argued that he could not be released without a bail order from a competent court because he was a co-accused in a criminal case and in judicial custody.
Effect of the later arrest and remand
Man's arguments and court's findings
The court held that the later arrest and proceedings before the magistrate were unlawful because they followed the unlawful detention.
State's position
The state argued that the later arrest and judicial custody were based on a legitimate magistrate’s order, and that compensation—not setting aside the custody—was the available remedy.
Key facts
- Court
- Allahabad High Court
- Bench
- Justices Atul Sreedharan and Achal Sachdev
- Detention alleged to begin
- 9 p.m. on September 14
- Formal arrest recorded
- September 16
- Compensation
- Rs 30,000
- Inquiry ordered
- The Prayagraj commissioner was directed to investigate and fix responsibility.
- Case mentioned
- The article says the FIR concerned the man’s alleged purchase of property belonging to a gangster under the Gangsters Act.
Quotes
Allahabad High Court bench
The bench comprising Justices Atul Sreedharan and Achal Sachdev.
“Whenever a citizen is apprehended by the police, there is a legal and constitutional duty on the police apprehending a suspect for the purpose of investigation/interrogation to ensure that his custody time is reflected in the general diary from the time he is taken into custody.”
indianexpress.com
Sources
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