Allahabad HC asks UP govt to implement policy to compensate illegal detention victim

The high court also observed that the harassment of a common man by public authorities is socially abhorring and legally impermissible

The Allahabad high court has directed the state government to strictly implement its policy of granting compensation of ₹25,000 to a victim of “illegal detention by state government officer”.

The Allahabad high court. (HT FILE PHOTO)

A bench of justice SP Kesarwani and justice Shamim Ahmed passed the order on June 11 on a petition filed by one Shiv Kumar Verma, who was allegedly illegally detained by the police on the apprehension of breach of the public peace. The petitioner had a dispute with some of his relatives regarding ancestral property.

Verma was arrested by the Varanasi police on October 8. On October 12, he filed relevant papers seeking his release, but for verification of papers, the case was adjourned till October 21.

According to the petitioner, he was illegally detained from October 12 to 21. He demanded compensation for the period.

The court observed: “Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with the responsibility of maintaining the rule of law.”

Referring to the ruling of the Supreme Court in the case of Lucknow Development Authority Vs MK Gupta, the Allahabad high court observed: “Once it is found by the competent authority that a complainant is entitled to compensation for the inaction of those who are entrusted under the Act to discharge their duties in accordance with law, then payment of the amount may be made to the complainant from the public fund immediately but it may be recovered from those who are found responsible for such unpardonable behaviour.”

The court also observed that the harassment of a common man by public authorities is socially abhorring and legally impermissible and it may harm him personally but the injury to the society is far more grievous.