Lucknow: The Allahabad High Court has issued strict directions against illegal detention, holding that any custody beyond 24 hours in violation of due process will attract compensation of ₹25,000 per day. The ruling came in a habeas corpus petition filed by an advocate who alleged that he and his nephew were unlawfully detained for more than four days after a minor neighbourhood dispute.
Court Flags Misuse Of Preventive Detention
A division bench of Justice Siddharth and Justice Vinai Kumar Dwivedi delivered the order on June 8, expressing concern over the manner in which preventive detention powers are being exercised across districts.
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The court observed that individuals were being sent to jail for days under breach of peace or similar preventive provisions without adequate justification. It held that such practices directly affect fundamental rights, particularly the right to personal liberty.
The bench noted that the case exposed systemic lapses in detention procedures and required clear safeguards to prevent arbitrary police action.
Compensation To Be Recovered From Officials
The court directed that any illegal detention beyond 24 hours would require the state government to pay ₹25,000 per day as compensation. It further ordered that the amount must be recovered from the salary of the magistrate and/or police officials found responsible after a departmental inquiry.
The bench said disciplinary proceedings would be mandatory in cases where dereliction of duty leads to unlawful detention. It made clear that responsibility for such lapses must be fixed on specific officials and cannot remain abstract.
In the present case, the petitioner alleged that despite fulfilling bond requirements, he and his nephew were sent to jail after being produced before authorities, following detention at a police station for more than a day. The court found the detention illegal and directed payment of ₹75,000 as compensation to the petitioner.
Bond Rules And Detention Procedure Tightened
To curb excessive demands in preventive detention cases, the court directed that the personal bond amount should not exceed ₹20,000. It clarified that the bond should be a signature-based undertaking without mandatory sureties unless the magistrate records specific reasons in writing.
The court also directed that if a person refuses to execute a bond at the time of production, the refusal must be recorded in writing and through audio-visual means before any decision is taken to send the person to custody. Such individuals must also be given another opportunity to furnish the bond on a later date of their choice.
The bench directed the state administration to revise its existing policy in light of the Bharatiya Nagarik Suraksha Sanhita framework. It also warned that non-compliance with its directions could require responsible administrative authorities to appear personally before the court in future hearings.
