Taking serious note of an advocate’s four-day detention in Ghaziabad on ‘breach of peace’ charges, the Allahabad High Court has ordered that Rs 25,000 compensation per day be paid to anyone held beyond 24 hoursunder preventive detention provisions of the BNSS over alleged breach of peace.
Issuing uniform directions to the state government, the court capped the personal bond amount at Rs 20,000.
It also directed that the compensation be deducted from the salary of the magistrate and/or police officer found responsible for the illegal detention and that they shall face disciplinary proceedings for dereliction of duty.
The bench of Justices Siddharth and Vinai Kumar Dwivedi observed in its June 8 order, “We find that a bond of Rs 50,000, with one or two sureties of like amount, is being illegally insisted by magistrates whenever detention/arrest of a person is made on the allegation of commission of breach of peace and not maintaining good behaviour.”
The court added that despite a March 23, 2021, state policy fixing compensation (Rs 25,000), “police officials and magistrates are acting in a highly irresponsible manner by sending persons brought before them, only to prevent breach of peace, to jail for days together”.
The amount deserves to be enhanced by the state government by framing a new policy in view of the Bharatiya Nagarik Suraksha Sanhita (BNSS) coming into force, it added.
New directions on detention and bonds
The bench stated, “Until a new policy is brought into force, and keeping in view flagrant violations of the right to liberty of illegally detained and jailed persons”, the following directions are issued:
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-In preventive detention cases under BNSS or CrPC, the person must furnish a personal bond (signature bond without surety) not exceeding Rs 20,000. In case the bond amount is increased, “reasons for the same shall be given by the magistrate in writing. On the date of detention, if bond is executed by the person detained, he shall be set free”, the court said.
-If the accused refuses to execute the bond on being produced before the magistrate/ Commissioner of Police the same day, the refusal must be recorded in writing and through audio-visual means before sending the person to jail. The accused must be given an opportunity to furnish the bond on a later date chosen by them.
-In cases where detention exceeds 24 hours in violation of this order, Rs 25,000 per day shall be paid as compensation by the state.
“The said amount shall be recovered by deduction from the salary of the Magistrate and/or police officer concerned, or both, as the case may be, if they are found responsible for the default, after conducting disciplinary proceedings against them and fixing their liability,” the court said.
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-The Magistrate and/or police official, prima facie, found responsible for the lapse shall be subjected to disciplinary proceedings for dereliction of duty as per their relevant service rules.
Case that triggered the order
The directions came on a habeas corpus petition filed by advocate Chander Pal Singh, who alleged illegal detention in Ghaziabad.
According to the petition, Singh was arrested at 11 am on February 22 along with his nephew following a neighbour’s complaint over a minor dispute. The complaint was registered as a non-cognisable report, and both were booked for breach of peace.
The petitioner claimed he was kept under illegal detention at Teelamodh police station for more than 24 hours. He was produced before the Assistant Police Commissioner (ACP) at 4 pm next day. He and his nephew furnished a bond of Rs.50,000 but both were sent to jail.
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His counsel submitted that the petitioner is a practicing advocate of the High Court and his wife is physically challenged.
On the court’s direction, the petitioner was released from jail on February 25 while his nephew was released the next day.
In its order, the bench stated that the petitioner was illegally detained and directed an amount of Rs 75,000 to be paid to the advocate by the state government within six weeks. The amount shall be recovered from the salaries of the ACP and the SHO of the police station concerned, proportionally, after conducting a disciplinary inquiry against them within three months, it stated in its order.
The Ghaziabad Commissioner of Police has been directed to file compliance reports on or before September 14. If he fails to comply, the bench said he should be present before the court on the next date of the hearing listed for September 14.
