Can the police quietly lock someone up for days without telling a magistrate or registering an arrest? The law says absolutely not. Yet, this happens far too often when police officers treat citizens’ basic rights as an inconvenience.
In a strict ruling, the Allahabad High Court pulled up the Uttar Pradesh Police for what it termed an outright “arrogance of authority.” The court ordered ₹1,25,000 in compensation to a man who was kept in illegal police custody for five days before officers staged a fabricated arrest to cover their tracks.
What Happened in the Case?
The case began after an FIR was filed on July 18 under Section 87 of the Bharatiya Nyaya Sanhita (BNS) at Salempur Police Station in Deoria, Uttar Pradesh. A mother complained that Chandan Rajbhar had eloped with her 18-year-old daughter. However, according to Rajbhar and the young woman, they had married voluntarily at a temple in Bihar and moved to Pune, Maharashtra, to live together as husband and wife.
During the intervening night of August 24 and 25, police officers along with the woman’s father went to the couple’s home in Pune and took them into custody. They brought them back to the Salempur Police Station on the night of August 27 and 28.
Instead of formally recording the arrest and presenting Rajbhar before a magistrate, the police did something entirely unlawful. They locked him inside the police station for five days, from August 28 to September 2, without making any official record. Only on September 2 did the investigating officer create a formal arrest memo to show that Rajbhar had just been arrested.
The Habeas Corpus Petition and the Truth in Court
Worried about his unlawful custody, Gyanti Devi and two others approached the Allahabad High Court by filing a habeas corpus petition. A writ of habeas corpus—which literally translates to “produce the body”—is a constitutional remedy used when someone is detained unlawfully by the state or private individuals.
A division bench comprising Justice Atul Sreedharan and Justice Achal Sachdev took up the matter. Initially, the court directed the police to produce the station’s CCTV recordings covering August 27 through September 2.
However, the court did not even need to review the video footage. The State’s own internal inquiry report had already uncovered the truth. A Circle Officer had investigated the complaint and submitted a formal report to the Superintendent of Police (SP), Deoria.
Internal Report Admits ‘Fabricated Arrest’
In a rare moment of departmental honesty, the inquiry report confirmed that the investigating officer, Deep Narayan Yadav, had deliberately confined Rajbhar in illegal police custody from August 28 until September 2.
The report explicitly noted that the officer staged a “fabricated arrest” on September 2 before producing Rajbhar before the local magistrate. The report concluded that the investigating officer had acted negligently, breached his statutory duties, and committed gross dereliction of duty. Following this, the SP initiated formal departmental proceedings against the officer.
The High Court praised the Circle Officer and the Superintendent of Police for their candour and truthfulness in admitting the department’s misconduct rather than attempting a cover-up.
‘Arrogance of Authority’
The High Court came down heavily on the investigating officer’s conduct. The bench observed that the officer had demonstrated pure arrogance by detaining a citizen for five full days without following the procedure established by law, treating unlawful detention as “business as usual.”
To penalize this breach of liberty, the High Court directed the State to pay Rajbhar ₹25,000 for each day he spent in unlawful custody, totaling ₹1,25,000. Furthermore, the court held that the State government is free to recover this compensation amount directly from the guilty officer’s own pocket after the inquiry concludes.
The bench also noted that if the investigating officer is found guilty in the departmental probe, the department should consider imposing the harshest possible punishment on him for his deliberate actions.
What The Law Says
The Indian legal framework has strict safeguards to prevent police officers from arbitrarily locking up citizens.
- Article 21 of the Constitution: Guarantees that no person can be deprived of their life or personal liberty except according to procedure established by law.
- Article 22(2) of the Constitution: Mandates that every person arrested and detained in custody must be produced before the nearest magistrate within 24 hours of arrest, excluding travel time. Keeping someone beyond 24 hours without a magistrate’s remand order is strictly unconstitutional.
- Right to Claim Compensation: Constitutional courts have long recognized that when the police violate fundamental rights under Article 21, the victim is entitled to public law monetary compensation, in addition to pursuing civil damages in tort.
What Happens Next?
The High Court directed that Chandan Rajbhar be released immediately if he is not needed in any other pending matter. The bench also clarified that receiving this ₹1.25 lakh compensation does not stop Rajbhar from filing a separate civil suit in tort against the police department for additional damages.
At the same time, the bench noted that its observations would not prejudice or influence the criminal case registered under the BNS, which will be decided strictly on merit by the trial court.
Why This Matters For You
This ruling is a reminder that a police badge does not put an officer above the law. When police detain someone off the books, they violate the core protections of the Indian Constitution. If an officer cuts corners or fabricates records, the courts can hold them personally accountable and ensure the victim receives compensation for every single day of stolen liberty.
The law does not allow detention off the record. If the state takes away your liberty without following due process, it must pay for every day it breaks the rules.
Story reported by Supreme Court – High Court – Legal Breaking News | Live Law India. This article is BareLaw’s independent explanation and analysis.
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