Prayagraj : Observing that an investigating officer (IO) had displayed an abuse of authority by detaining a person without following due procedure, the Allahabad high court awarded Rs 1.25 lakh in compensation to a man who was kept in illegal police custody for five days.
The court awarded compensation of Rs 25,000 for each day of Rajbhar’s unlawful detention. An FIR was lodged on July 18 under Section 87 of the Bharatiya Nyaya Suraksha Sanhita (BNSS) at Salempur police station in Deoria district. The complainant, who is the mother of the third petitioner, alleged that Rajbhar had eloped with her 18-year-old daughter. The petitioners alleged that police personnel, accompanied by the woman’s father, reached their matrimonial residence in Pune during the intervening night of Aug 24 and 25 and took the couple into custody. They were brought to the concerned police station during the intervening night of Aug 27 and 28.
“Therefore, what comes out from the entire exercise conducted by the police is that the case of the petitioner regarding unlawful detention is accepted,” the court added. The court observed: “The manner in which the IO has demonstrated his arrogance of authority by detaining the second petitioner for a full five days without even thinking twice and without following the procedure established by law, makes it appear that he considered it business as usual. ” It clarified that the compensation would not bar him from pursuing a tort claim against the police department for damages. The court further observed that if the IO is found guilty in the departmental inquiry, the harshest punishment for his deliberate actions should be considered. the high court strongly criticised the manner in which the IO had detained Rajbhar for five days without following the procedure established by law While considering the claim for compensation.
The state counsel drew the court’s attention to an inquiry report dated Oct 21, prepared by circle officer (CO) Rajesh Chaturvedi and forwarded to Deoria SP Abhijeet R Shankar. The report categorically accepted that the IO Deep Narayan Yadav had deliberately taken Rajbhar into custody on Aug 28 and kept him in illegal confinement until Sept 2, when his formal arrest was shown. Taking into account the action against the IO, the court appreciated the candour and honesty displayed by the CO in disclosing the true facts through his inquiry report. The court also appreciated the subsequent action taken by the SP.