Prayagraj, Nov 2 The Allahabad High Court has awarded compensation of Rs 1.25 lakh to a man who was kept in illegal police custody for five days, observing that the investigating officer demonstrated arrogance of authority by detaining a person without following the procedure established by law.
A bench comprising Justice Atul Sreedharan and Justice Achal Sachdev passed the order allowing a habeas corpus petition filed by Gyanti Devi and two others seeking release of Chandan Rajbhar, a resident of Deoria.
The court awarded compensation at the rate of Rs 25,000 for each day of unlawful detention. It further clarified that the compensation would not preclude Rajbhar from suing the police department in an action in tort for damages.
The court also observed that if the investigating officer is found guilty as charged in the departmental inquiry, the harshest punishment for his deliberate actions be considered to be imposed upon him.
According to the facts of the case, an FIR was lodged on July 18, under Section 87 (claims and objections to the attachment of property) of the Bhartiya Nyaya Suraksha Sanhita (BNSS) at Salempur police station in Deoria. The complainant, who is the mother of the third petitioner, alleged that Rajbhar had eloped with her 18-year-old daughter.
However, according to the petitioners, Rajbhar and the complainant’s daughter subsequently got married at a Durga temple in Siwan, Bihar and moved to Pune, where they were living together as husband and wife.
The petitioners alleged that police personnel, accompanied by the woman’s father, reached their matrimonial residence in Pune during the intervening night of August 24 and 25 and took the couple into custody. They were brought to the concerned police station during the intervening night of August 27 and 28.
Rajbhar’s case was that he was kept in unlawful detention from August 28 to September 2, and his arrest memo was prepared only on September 2.
The state counsel drew the court’s attention to an inquiry report dated October 21, prepared by the circle officer (CO), in which it was categorically accepted that Investigating Officer (IO) Deep Narayan Yadav had deliberately taken Rajbhar into custody on August 28 and kept him in illegal confinement until September 2, when his formal arrest was shown.
Following the report, the Deoria superintendent of police (SP) initiated departmental proceedings against the IO on October 21.
Taking into account the action taken against the IO, the court appreciated the candour and honesty displayed by the CO in disclosing the true facts to this court through his inquiry report. The court also appreciated the subsequent action taken by the SP.
The court also directed that the compensation granted to Rajbhar could be recovered from the persons who, after an inquiry, were found guilty of having detained him. The state may effect such recovery, if it so desired, the court added.
Allowing the habeas corpus petition, the high court directed that Rajbhar be set at liberty forthwith if he was not required in any other case.
(PTI News)
