Prayagraj, The Allahabad High Court has taken serious note of the illegal eight-day police custody of a man and directed the state government to give a compensation of ₹two lakh to him within six weeks.
The court also ordered that the amount shall be recovered by the state government from the assistant commissioner of police, Bara, Prayagraj, after conducting disciplinary inquiry against him within three months.
Hearing a habeas corpus writ petition filed on behalf of Mansoor Ahmed, who hails from Prayagraj, a division bench comprising Justices Siddharth and Vinai Kumar Dwivedi directed the commissioner of police , commissionerate Prayagraj to file the compliance report of the order on or before September 14.
Directing to list the case on September 14, the court warned that in case of failure, the CP shall remain present before this court on the next date.
“This is a shocking state of affairs in the Commissionerate, Prayagraj. The Commissioner of Police has been given the powers of a magistrate, which are being misused to the hilt. This court has considered a similar situation in a case pertaining to the Commissionerate, Ghaziabad, where the misuse of powers by the Commissioner of Police was also brought to the notice of the Court,” the court said.
According to the petition, Krishan Mohan Singh, posted as station house officer , sub-inspector Umesh Singh, constables Ankit Singh and Tribhuwan Pandey allegedly forcibly entered the house of the Mansoor Ahmad and took him to the police station.
When his wife asked for the reasons of the arrest, they allegedly pushed her aside before taking the petitioner with them. On the same day, son of the petitioner, Shahrukh Khan, made a complaint against the policemen on the UP Chief Minister Portal through his counsel.
When the petitioner’s wife and other family members went to the police station, they found that Ahmed was allegedly badly beaten by policemen and he was in a bad condition, according to the plea.
The family members of the petitioner approached the assistant commissioner of police and also the commissioner of police, Prayagraj but no action was taken, according to the petition.
Subsequently, the habeas corpus writ petition was filed on March 23.
In their reply, the police authorities stated that in breach of peace proceedings when a person detained does not execute personal bonds for keeping peace, he is sent to judicial custody.
However after going through the record in the present case, the court found there is no instance when the petitioner refused to execute a personal bond for not breaching peace.PTI COR RAJ DV
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