Observing that police officials believe violations of citizens' rights would often go unnoticed as few people come forward to seek accountability, the Allahabad High Court has imposed a cost of Rs 25,000 on the Uttar Pradesh government for the 24-hour illegal detention of a person.
Allowing a writ petition filed by Matamber Mishra, a division bench comprising Justices J J Munir and Sanjay Kumar held that the petitioner was unlawfully deprived of his liberty by a police officer while exercising state authority.
"In the totality of circumstances, we hold that the petitioner was illegally deprived of his liberty by (Surya Prakash) Dubey, a police officer in the colour of exercise of authority of the State and for the aforesaid act, the petitioner must be given monetary recompense," the court said.
The court directed the state government to pay the petitioner Rs 25,000 as compensation for his illegal detention in police custody from November 26, 2022, to November 27, 2022, along with Rs 10,000 as costs.
"We think that ends of justice would be met if the State is ordered to pay the petitioner for his illegal detention," the court said.
"We are also of opinion that the State ought be granted liberty upon payment of the compensation and costs awarded to the petitioner to recover it from Dubey in whatever manner they deem appropriate including deducting it from his remuneration," the court added.
The court observed that merely declaring law and framing policies often has limited impact on officers responsible for implementing them.
"Declaration of the law by this Court and the laying down of good policies by the Government more often than not has little effect upon the sundry officers who have to implement the policy of the Government or the laws laid down by this Court," the bench said.
The court further remarked that such officers often continue with old practices and rely on the belief that citizens would not approach courts to enforce their rights.
"They are persistent by habit in their old ways and seem to have faith more in the statistics that out of a case of one thousand violations or may be much more hardly one citizen would go forward to enforce his right and bring accountability to them," the court said.
"It is for this reason that in cases where a citizen gets up to enforce his right and comes forward to this Court, it becomes our duty to enforce what is already a declared right of his under the Constitution," it added.
The court noted that even in the counter affidavit filed by the police officials concerned, there was no denial of the allegation of illegal detention.
The bench allowed the petition with costs and directed that the judgment be communicated by the registrar (compliance) to the additional chief secretary (home), government of Uttar Pradesh, Lucknow; commissioner of police, Prayagraj; assistant commissioner of police, Handia, Prayagraj; and Surya Prakash Dubey, the then in-charge of police outpost Baraut under Handia police station.