State Directed to Recover Compensation from Salaries of Responsible Officers after Inquiry
In a significant ruling, the Allahabad High Court has ordered the State of Uttar Pradesh to pay compensation to Mahendra Gaur and three others for their unlawful detention by the police. The judgment, delivered by a bench comprising Justices Atul Sreedharan and Divesh Chandra Samant, highlights the lapses in police procedure and upholds the petitioners' rights against illegal detention.
The case arose from a habeas corpus petition filed by Mahendra Gaur and others, who alleged illegal detention at P.S. Gauri Bazar without arrest or production before a magistrate. Despite the requirement for continuous CCTV surveillance as per the Supreme Court's decision in Paramvir Singh Saini v. Baljit Singh, the CCTV system at the police station was non-functional during the relevant period.
The court noted the absence of any contemporaneous documentation or general diary (GD) entries to support the police's claim of lawful detention. The court inferred adverse conclusions against the police, drawing upon Section 119 illustration (g) of the Bharatiya Sakshya Adhiniyam, 2023, which allows for adverse inferences when evidence is withheld.
The court directed the State to pay Rs. 20,000 each to petitioner nos. 2 to 4 and Rs. 5,000 to petitioner no. 1. The judgment also instructed the recovery of these amounts from the salaries of the responsible police officials, including Dr. Mahendra Kumar, the then SHO, after an inquiry.
The court emphasized the necessity of maintaining operational CCTV systems in police stations and the importance of documenting every suspect's entry and exit in the GD to prevent allegations of illegal custody. Despite the SHO's claims of repairing the CCTV system, the court found no evidence of such repairs or any documentation thereof.
This ruling underscores the judiciary's commitment to safeguarding constitutional rights and ensuring accountability within law enforcement agencies.
Bottom Line :
Habeas corpus - Illegal detention in police station without arrest or production before Magistrate - Non-availability of CCTV footage and absence of GD/documentary record permits adverse inference against police under Section 119 illustration (g) of Bharatiya Sakshya Adhiniyam, 2023 - Compensation awarded for unlawful custody and recovery directed from responsible officials.
Statutory provision(s): Articles 21 and 226 of the Constitution of India, 1950; Section 119 of the Bharatiya Sakshya Adhiniyam, 2023.
Mahendra Gaur v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2989227
