Allahabad High Court Pulls Up Police Over Rights Violations, Awards Compensation for Illegal Detention

Prayagraj: The Allahabad High Court has strongly criticised police authorities for repeatedly violating citizens’ rights, observing that some officers appear to act under the impression that their misconduct will go unnoticed.

The court remarked that law enforcement personnel often infringe upon fundamental rights and proceed as though no one will hold them accountable.

Making these sharp observations, a division bench comprising Justice J.J. Munir and Justice Sanjeev Kumar directed the state authorities to pay an interim compensation of ₹25,000 to a petitioner who was allegedly kept in illegal police custody for nearly 24 hours due to a domestic dispute.

In its detailed order, the court stated that whenever a citizen approaches the judiciary seeking enforcement of constitutional rights, it becomes the court’s responsibility to ensure those rights are protected.

The bench emphasised that such protections already exist under the Constitution, statutory laws, state policies and established legal interpretations.

The case stemmed from an incident reported on November 26, 2022, involving a resident of Prayagraj.

According to the petitioner, he had returned home from his fields when the then in-charge of a local police outpost, along with other officers, allegedly entered his house, dragged him outside and took him into custody.

The petitioner claimed he was wearing only a lungi and kurta at the time.

The petition further alleged that he was confined in a police lock-up and that officials demanded a bribe of ₹20,000 in exchange for his release.

Police action had reportedly been initiated following a complaint of domestic violence lodged by the wife of the petitioner’s brother.

The court noted that no cognisable offence had been registered in the matter.

During the hearing, the police officer concerned attempted to justify the action, arguing that the petitioner had eventually been released after a compromise between the parties.

However, the High Court rejected this argument. The bench observed that the officer was neither a mediator nor a community elder authorised to settle family disputes.

The judges remarked that people do not approach police officers for counselling or reconciliation in personal matters.

The court also pointed out that police allegedly initiated legal proceedings under the Code of Criminal Procedure two days later in an apparent attempt to conceal the unlawful detention.

The bench expressed serious concern over such conduct, noting that legal procedures designed to maintain public order should never be misused in private family disputes.

The petitioner had initially sought an inquiry against the police officer and action against those responsible.

While he had not specifically demanded compensation, the High Court held that a mere procedural request could not prevent it from addressing a clear violation of fundamental rights.

Referring to the Uttar Pradesh government’s 2021 policy on compensation for unlawful police detention, the court directed the state to pay ₹25,000 as interim relief to the petitioner within the stipulated time period.

Convict in Raju Pal Murder Case Granted Conditional Bail

In a separate development, the Allahabad High Court granted conditional bail to Avid, one of the convicts in the high-profile Raju Pal murder case.

The case relates to the killing of former Bahujan Samaj Party (BSP) MLA Raju Pal, who was shot dead in Prayagraj’s Dhoomanganj area on January 25, 2005.

The attack also claimed the lives of Devlal Pal and Sandeep Yadav, while three others sustained injuries.

The High Court’s order was passed by a bench comprising Justice Siddharth and Justice Vinay Kumar Dwivedi while hearing Avid’s bail plea in a criminal appeal.

The murder of Raju Pal remains one of Uttar Pradesh’s most discussed political assassination cases and has been closely followed for nearly two decades.