Taking a stern stand against police high-handedness and the blatant violation of judicial directives, the Allahabad High Court has ordered the Uttar Pradesh government to pay ₹5 lakh in compensation to a man who was arrested and kept in “illegal detention” despite a court order staying his arrest.
In a scathing ruling dated May 29, a division bench comprising Justice Siddharth and Justice Vinai Kumar Dwivedi also ordered immediate disciplinary proceedings against the station house officer (SHO) involved in the arrest, citing “dereliction in the due discharge of official duty.”
The Background: A Stay Order Ignored
The case stems from a habeas corpus petition filed by the victim, Anil Soni. Soni had been booked at the Itwa police station in the Siddharthnagar district under Section 69 (sexual intercourse by deceit) of the Bharatiya Nyaya Sanhita (BNS) alongside provisions of the SC/ST (Prevention of Atrocities) Act. The FIR was lodged by a woman with whom Soni reportedly had a love affair for two years.
Soni challenged the FIR in the Allahabad High Court. On April 1, a division bench of the court passed an interim order explicitly staying his arrest.
However, despite the judicial protection:
- Soni was arrested by the local SHO on April 4.
- The high court’s protective order was officially uploaded to its website on April 6.
- On the day of the arrest, Soni’s brother prepared a notarized affidavit to inform the police of the high court’s stay order.
- Soni’s legal counsel also personally contacted the SHO to halt the arrest, but the police proceeded anyway.
Court Rejects State’s Justification
During the hearing, the Uttar Pradesh government’s counsel attempted to defend the police action. The state argued that the SHO was bound to proceed with the arrest because Soni and his family failed to produce a physical copy of the interim stay order at the time of the arrest.
The high court bench outright rejected this defense.
The judges pointed out that the April 1 interim order was passed in the presence of both the government counsel and the informant’s counsel. Consequently, the court noted, all relevant state authorities and respondents were fully aware of the protection granted to Soni.
Shockingly, Soni was not released from jail even after he filed the habeas corpus petition and the court sought formal responses from the state.
Bench Slams ‘Unfortunate Trend’ of Judicial Disrespect
Expressing deep concern over the breakdown of communication and respect for judicial orders, the bench criticized what it described as an “unfortunate trend” in the state’s administrative machinery.
“We have noted that this unfortunate trend is given the momentum. Learned counsel for the state do either not intimate the orders passed by this Court to police authorities as a result of which the authorities do not comply the order passed by this Court, or the police authorities are disrespectful towards the Court orders and they act in mala fide manner,” the bench observed.
Immediate Consequences and Next Steps
To address this “mala fide” conduct, the Allahabad High Court has ordered:
- Financial Compensation: The Uttar Pradesh government must pay ₹5 lakh to Anil Soni for his illegal detention.
- Disciplinary Action: Disciplinary proceedings must be initiated against the concerned SHO of the Itwa police station for indiscipline and violating court orders.
The high court has scheduled the next hearing for July 13. The Superintendent of Police (SP) of Siddharthnagar has been directed to file a compliance affidavit by this date, proving that the ₹5 lakh compensation has been paid and detailing the disciplinary actions initiated against the offending SHO.
