• Source:JND

Legal Correspondent, Prayagraj: In a significant ruling, the Allahabad High Court has asserted that any individual illegally detained for more than 24 hours will get the compensation of Rs 25,000 per day. The court further pointed out that the amount will be recovered from the salary of the magistrate or police officer found guilty in departmental proceedings. While hearing a habeas corpus petition filed by a Ghaziabad resident, the court directed the Director General of Police (DGP) to issue a circular to all the district police chiefs.

What Was The Case?

A division bench of Justices Siddhartha and Vinay Kumar Dwivedi, while listening to the petition of Chandrapal Singh, highlighted that the police cannot illegally detain any individual. The lawyers representing the petitioner told the court that Singh was arrested by the Uttar Pradesh police earlier on February 22. They further stated that he was not produced before a magistrate within 24 hours, a violation of the law.

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Singh was produced before ACP Shalimar Garden and was reportedly sent to jail despite depositing a bond of Rs 50,000. The police stated that the petitioner had not filed a bail application; however, the court found that the petitioner's detention, despite having posted a bail bond, was unjustified.

The court ordered a compensation of Rs 75,000 (for the illegal detention for three days) for the petitioner. This amount will be paid by the state government within six weeks and will be recovered from the ACP, Shalimar Garden, and the SHO, Tila Mor.

Guidelines issued regarding illegal detention:

- A personal bond of only up to Rs 20,000 should be taken for preventive detention

- For higher amounts, written reasons must be given to the magistrate

- The person should be released immediately upon paying the release bond

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- Anyone illegally detained for more than 24 hours will be liable for a compensation of Rs 25,000 per day

- The amount will be recovered from the salary of the guilty officer

- Disciplinary departmental action will be mandatory against negligent officers


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