Court Orders Immediate Release and Imposes Rs. 10 Lakh Exemplary Costs for Violation of Fundamental Rights
In a landmark decision, the Allahabad High Court at Lucknow has declared the arrest and detention of Manoj Kumar as unconstitutional and illegal, ordering his immediate release. The Division Bench comprising Justices Abdul Moin and Pramod Kumar Srivastava delivered the judgment in the Habeas Corpus Writ Petition No. 137 of 2026, filed by Manoj Kumar against the State of Uttar Pradesh and four others. The court has imposed exemplary costs of Rs. 10 Lakhs on the State for the gross violation of constitutional safeguards.
The petitioner, Manoj Kumar, was arrested on January 27, 2026, in connection with Case Crime No. 244 of 2024 registered at Police Station Asiwan, District Unnao. However, his arrest was challenged on the grounds of non-compliance with constitutional and statutory mandates requiring the communication of grounds of arrest in writing, as per Articles 21 and 22(1) of the Constitution of India, and Section 50 of the Criminal Procedure Code, now Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court noted that the arrest memo only indicated the case crime number without specifying the grounds for arrest, which is a clear violation of the constitutional requirement. Citing precedents set by the Supreme Court in the cases of Mihir Rajesh Shah v. State of Maharashtra and Dr. Rajinder Rajan v. Union of India, the court emphasized that failure to provide written grounds of arrest infringes upon the fundamental rights to life and personal liberty, rendering the arrest and remand illegal.
Despite previous orders by the court for the release of Manoj Kumar and a directive for the Additional Chief Secretary, Home, Government of Uttar Pradesh, to explain why exemplary costs should not be imposed, the petitioner remained incarcerated. The court criticized the State's authorities for their non-compliance and failure to adhere to constitutional mandates, highlighting a systemic issue within the Home Department.
In its judgment, the court directed the immediate release of Manoj Kumar, provided he is not wanted in any other case, and set aside the remand order dated January 28, 2026, as it was consequential to the illegal arrest. The court also imposed a Rs. 10 Lakhs exemplary cost on the State, to be paid within four weeks, with the liberty to recover the amount from the officials responsible for the unlawful detention.
This decision reinforces the judiciary's role in safeguarding individual rights against arbitrary state actions and underscores the imperative for law enforcement agencies to strictly adhere to constitutional and legal provisions.
Bottom line:-
Arrest and detention without compliance with the constitutional and legal safeguards, including failure to furnish grounds of arrest in writing, violate Articles 21 and 22(1) of the Constitution of India and render the arrest and subsequent remand illegal. Exemplary costs may be imposed on the State for gross violation of constitutional safeguards.
Statutory provision(s): Articles 21, 22(1) of the Constitution of India, Section 50 CrPC, now Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Manoj Kumar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2891917
