Allahabad HC Orders UP Govt to Compensate Persons Who Were Under Illegal Detention.
The Allahabad Court was hearing a petition by Shiv Kumar Verma , he with one more person was illegally detained by the police on the grounds of breach of Public Peace .The petitioner had a dispute with some of his relatives regarding an ancestral property.
Shiv Kumar was arrested by Varanasi Police on October 8th last year .
After 3 Days he filed papers for his release
but for verification of papers, the case was adjourned till October 21. The petitioner alleged that he was illegally detained from October 12 to October 21 despite submitting personal bond and other papers as directed. He demanded compensation for the period.
"Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with the responsibility of maintaining the rule of law.” said by the The division bench of Justice S.P. Kesarwani and Justice Shamim Ahmed.
Referring to the Supreme Court in the case of Lucknow Development Authority Vs MK Gupta (1994), the court directed the Uttar Pradesh government to publish the contents relating to its policy dated March 21 which enunciates compensation to be paid to the person who is illegally detained in the largest circulated newspaper in the state. The policy concerned also states that the report of disciplinary action against erring officials should be submitted within three months, or any such period prescribed under the applicable rules.
The State Government has also been directed to display the policy which would be within the public view, like police Stations , Campus of District Collectorate.
The court also told the government to send its order copy to all district- and tehsil-level bar associations across the state.
Stating that ordinary people fighting there case wouldn't be able to match the state or its organ so the court said "If a public functionary acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse.”
Therefore as directed by the court the government has to strictly implement the policy of paying the person 25000each for illegally being detained.