The Allahabad High Court has awarded Rs 40,000 in compensation to a man unlawfully held in custody for four days by police officers attempting to force his absconding brother to surrender. The court directed that the payout be recovered directly from the salaries of the responsible personnel.
A division bench comprising Justice Atul Sreedharan and Justice Divesh Chandra Samant issued the ruling on a habeas corpus petition, ordering that the court’s official displeasure concerning the officers’ conduct be formally entered into their service records. In its September 9 decision, the bench stated that law enforcement agencies cannot resort to coercive pressure tactics against innocent citizens who have no involvement in an alleged crime, ruling that any unjust deprivation of liberty warrants financial restitution regardless of how long the custody lasts.
Surveillance Footage And Call Records Establish Custody
The detention came to light after an investigating officer told the court that he and other personnel went to the petitioner’s home on June 23 on the instructions of their Station House Officer. The petitioner was taken to the police station for questioning regarding a criminal matter involving his brother, who faced charges that began with several offenses before being enhanced to include attempt to murder and rioting.
While the brother remained at large during the petitioner’s confinement, electronic evidence presented to the court—specifically CCTV footage and call detail records—confirmed that the petitioner was kept inside the police station from June 23 through June 26. The brother was later granted anticipatory bail on August 3.
Restitution To Be Deducted From Official Salaries
Holding that the petitioner had no connection to the underlying criminal case and had been detained solely as leverage to coerce his brother into turning himself in, the court characterised the detention as unlawful and an abuse of administrative authority.
To satisfy the Rs 40,000 compensation award, the judges ordered the state government to deduct the amount from the monthly pay of the police personnel involved, with the government left to determine the exact proportion each officer must pay.
