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Allahabad HC: Police can’t detain accused’s kin to pressure him into surrender
A division bench of Justice Atul Sreedharan and Justice Divesh Chandra Samant observed that such detention amounts to unlawful deprivation of liberty and entitles the detained person to compensation.
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Detaining an accused’s family member to pressure him into surrendering is unlawful, the Allahabad high court held while ordering ₹40,000 compensation to a man who spent four days in police custody despite having no connection with the case against his brother.
A division bench of Justice Atul Sreedharan and Justice Divesh Chandra Samant observed that such detention amounts to unlawful deprivation of liberty and entitles the detained person to compensation.
The court passed the order while allowing a habeas corpus petition filed by Arvind Kumar Yadav, who alleged he was illegally detained at George Town police station in Prayagraj.
The court directed that the ₹40,000 compensation awarded to Yadav for his wrongful and unlawful detention be recovered from the salaries of the police personnel responsible for his detention, in such proportions as the state may determine.
An FIR had been registered at George Town police station against Yadav’s brother, Suresh Kumar. Section 109 of the Bharatiya Nyaya Sanhita, pertaining to attempt to murder, was later added during the investigation.
Yadav claimed that despite having no connection with the case against his brother, police picked him up from his house in Jaunpur on June 23, 2026, and took him to George Town police station. According to his petition, he was released around 7pm on June 26.
In support of his claim, Yadav relied on the Supurdginama (Undertaking) furnished at the time of his release, which recorded that he was handed over on June 26.
During the proceedings, investigating officer Ashvani Savita appeared before the court pursuant to its earlier directions. He stated that, on the directions of station house officer (SHO) Yogendra Kumar Singh, he and other police personnel picked Yadav up from his house on June 23 for interrogation in connection with the offence.
The state also did not dispute that Yadav remained at the police station until his release on June 26 at about 7 pm.
The court had earlier directed the investigating officer (IO) to produce the call detail record (CDR) to ascertain Yadav’s location between June 23 and June 26.
Taking note of the material before it, the court said it was undisputed that Yadav remained in the unlawful custody of police personnel for at least four days.
In its September 9 order, the court also directed that its displeasure be recorded in the respective service records of the IO and the SHO concerned.
