High Court Awards Rs. 1 Lakh to Sanu @ Rashid for Unlawful Detention; Police Officers Found Guilty of Contempt
In a landmark decision, the Allahabad High Court has ruled in favor of Sanu @ Rashid, granting him compensation of Rs. 1 lakh for illegal detention by police officials. The court, presided over by Justice Arun Kumar Singh Deshwal, highlighted the violation of constitutional rights under Articles 21 and 22, which safeguard personal liberty and protect against unlawful detention.
The case emerged from an incident in September 2025, where Sanu @ Rashid was detained by the police in Lalitpur without formal arrest, a violation of procedural mandates outlined in the Criminal Procedure Code. Despite multiple directives from the Chief Judicial Magistrate (CJM) of Lalitpur to provide CCTV footage and explanations, the police failed to comply, prompting the High Court to step in.
Justice Deshwal emphasized the severity of the police's non-compliance with judicial orders, labeling it as contempt of court. The officers involved, including the Station House Officer and the Investigating Officer, admitted their failure to follow the CJM's directives and offered unconditional apologies. As a consequence, the court sentenced them to custody until the court's adjournment for the day and issued a stern warning for future compliance.
The judgment also directed the Uttar Pradesh State Government to recover the compensation amount from the salaries of the culpable officers, reinforcing accountability within the police force.
Statutory provisions such as Sections 41A, 41B, 41C, 41D, 50A, and 60A of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were cited, emphasizing the statutory incorporation of guidelines from the D.K. Basu case regarding arrest and detention.
In response to the overcrowding of jails and the ongoing trial, the court granted bail to Sanu @ Rashid, considering his willingness to rectify financial discrepancies with Bajaj Finance Limited, involved in the case. The court imposed strict conditions on the bail, urging compliance with legal processes and ethical conduct.
This decision underscores the judiciary's role in safeguarding personal liberty and maintaining the rule of law, setting a precedent for stringent adherence to constitutional mandates and judicial orders.
Bottom Line:
Violation of Articles 21 and 22 of the Constitution of India and statutory mandates under Cr.P.C. regarding illegal detention and non-compliance of judicial orders; contempt of court by police officials for deliberate non-compliance of orders passed by CJM, Lalitpur.
Statutory provision(s): Articles 21 and 22 of the Constitution of India, Sections 41A, 41B, 41C, 41D, 50A, 60A of the Criminal Procedure Code (BNSS), Contempt of Courts Act, 1971, Section 10
Sanu @ Rashid v. State of U.P., (Allahabad) : Law Finder Doc id # 2860528
