UP Government ordered by Allahabad HC to compensate people under illegal detention

The Allahabad High Court has ordered the Uttar Pradesh government to strictly enforce its policy of giving Rs 25,000 in compensation to anybody who has been illegally detained, as well as to take disciplinary action against any authorities who violate the policy.

The Bench of Justices Surya Prakash Kesarwani and Shamim Ahmed also praised the State Government for establishing a policy of paying compensation of Rs.25,000/- for illegal detention of any citizen by any officer of the State Government, as well as the initiation of disciplinary proceedings against such officer.

The court was hearing a plea filed by Shiv Kumar Verma, who claimed that he and another person were wrongfully arrested by police on suspicion of disturbance of public order. According to the Hindustan Times, the petitioner had a conflict with several of his family about an ancestral property.

On October 8th, last year, Varanasi police apprehended Verma. On October 12th, he filed required paperwork demanding his release, but the matter was deferred until October 21st for paper verification. The petitioner claimed that he was wrongfully imprisoned from October 12th to October 21st, despite having submitted personal bond and other required documents. He sought payment for the time spent.

The court further stated that when a public authority acts with malicious purpose, causing anguish and harassment to ordinary citizens, the authority involved "can no more claim to be under a protective cover, and the test of the permissive form of grant gets over."

The court also ordered the Uttar Pradesh government to publish the contents (Para 12) of its March 21 policy enunciating compensation to be given to the individual who is wrongfully held in the state's biggest distributed newspaper.

The policy further stipulates that the report of disciplinary action taken against erring officials must be provided within three months, or any other time frame specified by the applicable rules.

The state government has also been required to post the policy in conspicuous public areas, such as all blocks, Tehsil headquarters, police stations, and district collectorate campuses. The court also directed the government to provide a copy of its ruling to all district and tehsil-level bar associations throughout the state.