5 min readNew DelhiMay 30, 2026 09:54 AM IST
The Allahabad High Court has directed the Uttar Pradesh government to pay Rs 5 lakh compensation to a man who was arrested despite an interim order staying his arrest, observing that the police acted in disregard of the court’s directions.
A bench of Justices Siddharth and Vinai Kumar Dwivedi passed the order while allowing a habeas corpus petition filed by the man, who alleged that he was illegally detained by the police despite a stay order granted by the high court in a criminal case lodged against him.
“The copy of the order of this Court was sent to the Superintendent of Police, Siddharth Nagar…and the same was received at his house…Yet the petitioner no.1 was not released from jail. Therefore, it is absolutely clear that respondent no 3 (SHO) made no efforts to get the order of the court complied. Therefore, his conduct proves that he deserves to be punishment of dereliction in due discharge of his official duty,” the bench noted in its order dated May 29.
Justices Siddharth and Vinai Kumar Dwivedi awarded Rs 5 lakh compensation to the man.
Illegal arrest
- According to the case records, the petitioner was accused in an FIR registered various provisions of the Bharatiya Nyaya Sanhita and the SC/ST Act.
- He had challenged the FIR before the High Court, which on April 1, 2026, granted him interim protection from arrest. However, he was arrested on April 4, 2026 by the SHO.
- The petitioners contended that efforts were made to inform the SHO about the interim order.
- They claimed that affidavits and communications regarding the stay order were sent to the police authorities, and even the petitioner’s counsel contacted the SHO and other officials, but no action was taken to secure his release.
- The court was informed that even after filing of the present habeas corpus petition and calling of reply from the respondents, the petitioner was not released from jail and counter-affidavits were filed by the respondents justifying his arrest stating that they were not provided the copy of the interim order passed by the court.
Rs 5 lakh compensation
The court noted that the interim order had been passed in the presence of the State’s counsel and the complainant’s counsel. It observed that the authorities were aware of the protection granted to the petitioner and that it was the duty of the State counsel to communicate the court’s order to the concerned police officials.
“It is not a case of the respondents that the order was passed ex-parte in favour petitioner no.1 in the aforesaid writ petition. Therefore, it is crystal clear that are the respondents and also learned counsel for informant were aware of the order passed by this court,” the court noted.
The court lamented that the petitioner continued to remain in jail until the High Court specifically directed his release on April 29, 2026.
“Even after filing of this writ habeas corpus writ petition on 13.04.2026, the respondent no.3 did not released the petitioner no.1 from the illegal custody and only after the order dated 29.04.2026 was passed by this court, the petitioner no.1 was released from District Jail, Siddharth Nagar, on the same day,” the court noted.
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The bench expressed concern over what it described as an increasing trend where court orders are either not communicated to police authorities by government counsel or are disregarded by police officials. It remarked that all officers of the court are duty-bound to uphold the majesty of law and ensure compliance with judicial orders.
Holding the SHO responsible for dereliction of duty, the bench said his conduct demonstrated a complete failure to comply with the court’s directions.
Relying on Supreme Court precedents relating to compensation for illegal detention, the court directed the State government to pay Rs 5 lakh compensation to the petitioner within one month.
“The petitioner no. 1 shall be paid compensation of Rs. 5 lakhs by the State Government within a period of one month. The State Government shall, however, be free to recover the said amount from respondent no. 3,” the court ordered.
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The court has also ordered initiation of disciplinary proceedings against SHO for violating the court’s order and for the act of indiscipline.
The superintendent of police, Siddharth Nagar, has been directed to file a compliance affidavit by July 13, 2026, failing which he has been asked to remain personally present before the court.
