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The Allahabad High Court has criticised Uttar Pradesh Police over illegal detention and repeated failures to produce CCTV footage.
Why Did the High Court Criticise UP Police?
A Bench of Justice Atul Sreedharan and Justice Achal Sachdev expressed serious concern over the alleged routine violation of fundamental rights and civil liberties by Uttar Pradesh Police. In its November 3 order, the Court observed that police authorities frequently failed to produce CCTV recordings when asked to explain allegations of unlawful detention.
“The situation that exists in the State of Uttar Pradesh relating to the civil liberty is shameful, to say the least,” the Bench observed.
The Court further noted that the infringement of fundamental rights appeared to have become routine for the State police, particularly in cases involving allegations of illegal custody.
What Happened in the Illegal Detention Case?
The observations came during the hearing of a habeas corpus petition filed by the daughter of a man allegedly detained illegally for two days before his formal arrest on September 7 in connection with a complaint involving a honeytrap. To examine the allegation, the High Court directed police on October 13 to produce CCTV footage covering the relevant period. However, authorities claimed that the recordings were unavailable because of an incident at the police station on September 5.
Police records attributed the CCTV malfunction to a thunderstorm. The Bench rejected the explanation, observing that such excuses could not justify the absence of crucial evidence in a case concerning personal liberty. The Court held that the circumstances supported the petitioners’ allegation of unlawful detention and suggested that the footage had deliberately been withheld to conceal the truth.
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What Action Did the Court Order?
The High Court allowed the habeas corpus petition and directed the release of the petitioner’s father. It also criticised Annu Kumari, Station House Officer of Nangal Police Station in Bijnor district, for deliberately failing to provide the CCTV recordings. Recording its displeasure, the Bench directed that the adverse observation be entered into the officer’s service record.
“Her further continuation on the present post should also be considered by the State,” the Court directed.
The Court also ordered the Uttar Pradesh government to pay ₹20,000 as costs to the petitioners.
The ruling highlights judicial concerns over police accountability, particularly when evidence necessary to examine allegations of unlawful detention is unavailable. By rejecting the explanation for missing CCTV footage and ordering consequences for the officer concerned, the High Court underscored the importance of preserving evidence and protecting citizens against unlawful deprivation of liberty.
The decision also places responsibility on police authorities to ensure that court directions concerning detention records are complied with, especially when fundamental rights are at stake.
