“Shocking State Of Affairs” : Allahabad High Court Orders ₹2L Compensation For 8-Day Illegal Detention, Directs Recovery From Police Officer
The Bench said the Commissioner of Police has been given the powers of a Magistrate, which are being misused to the hilt.
The Allahabad High Court has expressed serious concerns over the alleged misuse of preventive detention powers by the police authorities in Prayagraj Commissionerate, observing that the powers vested in Police Commissioners under the BNSS were being “misused to the hilt”. The Court directed payment of ₹2 lakh compensation to a person who was illegally detained for eight days and ordered recovery of the amount from the police officer responsible for the unlawful action.
Pertinently, the Bench had considered a similar situation in a case pertaining to the Commissionerate, Ghaziabad, where the misuse of powers by the Commissioner of Police, brought to the notice of the Court.
A Division Bench comprising Justice Siddharth and Justice Vinai Kumar Dwivedi observed “This is shocking state of affairs in the Commissionerate, Prayagraj. The Commissioner of Police has been given the powers of a Magistrate, which are being misused to the hilt”.
“…we find that petitioner no.1 has been kept in illegal judicial custody for 8 days and therefore, he is directed to be compensated at the rate of Rs.25,000/- per day coming to Rs.2 lacs for his illegal detention within six weeks by the State Government. Thereafter the amount shall be recovered by the State Government from Assistant Commissioner of Police, Bara, Prayagraj, after conducting disciplinary inquiry against him within three months”, the Bench directed.
Advocate Pushpendra Singh appeared for the petitioner and Anoop Trivedi, Additional Advocate General appeared for the respondents.
The Court was hearing a petition challenging the detention of the petitioner under preventive provisions. The petitioner was allegedly detained for eight days despite the absence of circumstances justifying such an extreme measure. The Court found that the detention was not supported by the mandatory legal requirements and amounted to an infringement of the petitioner’s personal liberty guaranteed under Article 21 of the Constitution of India.
Expressing anguish over the manner in which preventive powers were being exercised, the Bench noted that the object of such provisions is not to punish individuals but to prevent imminent threats to public order. However, arbitrary use of such powers transforms preventive action into a tool of unlawful confinement.
“The list submitted by the C.J.M., Prayagraj, shows that under the earlier provisions of the Cr.P.C., viz. Sections 116, 107, and 151, persons were also detained for periods ranging from one day to one week or more. The same position exists regarding the persons detained in the year 2025, where the number of such persons was 1,321, showing that they were kept in judicial custody for up to 20 days also. In the year 2026, till now, 721 persons have been detained and the period of their detention shows that they were detained for one week, two weeks, or more under Sections 126, 135, and 170 of the B.N.S.S”, the Bench noted.
The Bench remarked that powers granted to senior police authorities carry a corresponding duty to exercise restraint, fairness, and strict adherence to procedure. Any deviation from these requirements would expose officers to personal accountability.
While directing compensation, the Court held that public authorities cannot escape liability for violations of fundamental rights merely because the action was taken in an official capacity. It ordered that the compensation amount be recovered from the concerned police officer, holding the officer personally responsible for the illegal deprivation of liberty.
Cause Title: Mansoor Ahmad @ Lallu and another State of U.P. and 4 others Habeas Corpus Writ Petition No. - 317 Of 2026
Appearances:
Petitioner: Pushpendra Singh, Wahid Jamal
Respondent: Anoop Trivedi, Additional Advocate General, Mohd. Shoeb Khan, AGA-Ist.