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Compensation shall be paid by State for persons under illegal detention: Allahabad High Court.
Compensation shall be paid by State for persons under illegal detention: Allahabad Court
June 21, 2021, Allahabad Uttar Pradesh
The case of Shiv Kumar Verma & Another v. State of UP and Ors. The Allahabad High Court held the decision that the harassment done by the public authorities for the award of compensation not only compensate them as an individual and also made a satisfaction level to them in helps them to cure the social evil. The Court also directed the State Government to make strict implementation in its policy of granting Compensation to a Citizen of Rs 25000 who has been illegally detained.
The Divisional Bench Justice Surya Prakash Kesarwani and Justice Shamim Ahmed of the Allahabad High Court Judges appreciate taken by the State Government to come up with the policy decision to pay a compensation of Rs 25000 for illegal detention of any citizen by any Officer of the State Government and the initiation of the Disciplinary proceedings against such officers.
The Court had come up with the case of illegal detention of two persons who continued to be under detention despite submitting the personal bond and the other papers as directed under the pretext of the verification and thus they challenged their illegal detention before the Court.
Facts of the Case:
- There were some disputes related to ancestral property between the petitioners and their family members.
- It has been stated that some tiff arose between the petitioners and other family members, namely, Rajendra Prasad, Shiv Kumar Verma, and Raj Kumar Verma regarding partition of the ancestral property and in the apprehension of breach of public peace.
- The police arrested the petitioners under Section 151 under the Criminal Procedure Code. on 10.2020.
- A Challan Report dated 08.10.2020 was submitted by the Sub Inspector, Police Station Rohania, District Varanasi to the Sub Divisional Magistrate, District Varanasi under Section 151/107/116 Cr.PC., which was in the printed format and it is merely in the name of the petitioners and the others. The name of the village and the "land dispute" has been filled by ink in the above Challan Report.
- On receipt of the Challan Report, the Sub Divisional Magistrate registered the case as Case No.624 of 2020 (State vs. Shiv Kumar Maurya & Or’s.) and passed the order on the date on 08.10.2020.
The decision of the Court
The Court disposed off the case with the following directions:
(i) The State Government shall ensure that the provisions of the Criminal Procedure Code as referred in the policy decision dated 23.03.2021 are strictly abide by all the respective officers.
(ii) The State Government shall further ensure that the Policy decision of paragraph 12 of the dated 23.03.2021 is strictly in adherence and implemented.
iii) The State Government shall be published in the Para 12 of its policy decision dated 23.03.2021 shall be circulated in the newspaper at the National level in the State of Uttar Pradesh and shall also be displayed in the display board at the places which can be viewed by the public in all blocks of the Police Stations, Tehsil Headquarters in the campus of the District Collectorate in the state of Uttar Pradesh.
(iv)The Copy of the order shall be distributed to the State Government to all District Level and the Tehsil Level Bar Associations in the state of Uttar Pradesh.
The references of the case have been taken from the Lucknow Development Authority Vs. M.K. Gupta (1994) 1 SCC 243 where the Apex Court observed that the sovereignty of the Constitution vests under the people . The government servants are the servants of the people and their usage of powers always be subordinate to their duty of service.
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