Court finds petitioner was kept in custody from August 15 to 19 without production before a magistrate; directs recovery of compensation from responsible officers after inquiry
The Allahabad High Court has held that a man was kept in illegal police custody for nearly five days and ordered his immediate release, along with compensation of Rs. 50,000 to be paid by the State and later recovered from the officers found responsible.
A division bench of Justice Atul Sreedharan and Justice Achal Sachdev was hearing a habeas corpus petition filed by Kamlesh Kumar and another, who alleged that the petitioner had been unlawfully picked up by police from his shop on August 15, 2026. The court had earlier sought affidavits from senior police officials after video footage was referred to in the proceedings.
In its judgment, the court noted that the affidavits filed by the Deputy Commissioner of Police and the Station House Officer, along with the inquiry report, clearly showed that the petitioner was taken by police on August 15 but was shown to have been arrested only on August 19, when he was produced before the magistrate and sent to judicial custody.
The bench said there was a “clear admission” on the part of the police that the petitioner had remained in unlawful custody for more than 24 hours, in violation of the procedure established by law. The court expressly confined itself to the issue of illegal detention and did not go into the merits of the criminal case or the allegations regarding the petitioner’s nationality.
Taking note of the police’s own admissions, the court directed that the petitioner be released forthwith, if not required in any other case. It clarified, however, that the order would not prevent the State from arresting him again in accordance with law if such action became necessary. The petitioner was also directed to join investigation whenever required by notice under the Bharatiya Nagarik Suraksha Sanhita, 2023.
On the issue of relief, the court awarded Rs. 50,000 as compensation for the illegal detention. It further ordered that the amount be recovered from the persons found responsible after a due inquiry, and that the recovery process be completed in accordance with disciplinary proceedings within three months.
The bench also recorded its appreciation for the Deputy Commissioner of Police and the Station House Officer for candidly admitting the lapse in their affidavits. The court noted that while there appeared to be no malice, the lack of vigilance had resulted in the unconstitutional incarceration of the petitioner for five days. It observed that the authorities should take corrective steps to prevent such incidents in the future.
Bottom Line :
Habeas corpus - Illegal police detention beyond 24 hours without production before Magistrate - Corpus taken into custody on 15.08.2026 and produced before Magistrate only on 19.08.2026 - Continued incarceration held unlawful - Release directed and compensation of Rs. 50,000/- awarded, recoverable from responsible officers after due inquiry.
Statutory provision(s): Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023, Rule 17(1)(A) of the Uttar Pradesh Subordinate Police Officers (Punishment and Appeal) Rules, 1991, Sections 318(4), 336(3), 338, 340(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Sections 21 and 22 of the Immigration and Foreigners Act, 2025, Section 12 of the Passport Act, 1967
Kamlesh Kumar (Corpus) v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2982728
