The Allahabad High Court has pulled up the Uttar Pradesh government for the “arbitrary and illegal” challans issued by police and the illegal detention of people in the State over apprehensions of breach of peace.
The court was hearing a writ petition filed by a resident of Varanasi Shiv Kumar Verma and another who had prayed that the administration provide them compensation in lieu of their illegal detention from October 12, 2020 to October 21, 2020 in relation with a case lodged against them at Rohaniya police station in Varanasi under Sections 151, 107 and 116 of the CrPC.
In response, the State’s Additional Advocate General and the Home Secretary jointly stated before the court that the State government would develop a mechanism and issue appropriate guidelines as to ensure that such instances are not repeated. The State government would also consider granting monetary compensation to the petitioners for breach of their fundamental rights under Article 21 of the Constitution of India.
The case pertains to a dispute between the petitioners and their family members over the partition of ancestral property. In apprehension of breach of public peace, the police had arrested the petitioners under Section 151 of CrPC on October 8, 2020. A challan report of the same date was submitted by a sub-inspector of Rohaniya police station to the Sub-Divisional Magistrate (SDM) Varanasi under Section 151/107/116 CrPC, which was in printed form but with merely the name of the petitioners and others, name of the village and “land dispute” given as details. The SDM then registered a case.
On October 12, the petitioners submitted personal bond and other papers but the administration still did not release them and instead, under the pretext of verification, directed the file to be placed on October 21, the day on which they were finally released.
Taking note of the facts of the case and considering the counter affidavit of the U.P. government, the court said “it stands admitted that the police authorities are arbitrarily and illegally submitting challani reports under Sections 107/116 Cr.P.C,” a Division Bench of Justices Surya Prakash Kesarwani and Shamim Ahmed said in an order dated February 2.
As the U.P. Home Secretary informed the court that the State government had “taken steps to correct the mistakes and illegalities”, the judges did not propose any further direction but stated that the two circulars issued by the government on January 30, 2021 and January 31, 2021 regarding the corrective measures be strictly implemented in the State.
Commenting on the case, the court said that not releasing the petitioners even after they had submitted personal bonds and other papers was “a clear breach of Article 21 of the Constitution of India.” The facts “leave no room of doubt that the respondent no.3 has acted arbitrarily and not only failed to discharge his duty cast upon him under Section 107 and 111 Cr.P.C. but also committed breach of Article 14 and 21 of the Constitution of India,” the judges said, directing the State government to stop such instances.
The court granted the State government four weeks to take appropriate action and file affidavit of compliance. The court also asked the SDM to file his personal affidavit explaining his conduct.
