Court Directs State to Enhance Compensation Policy Following Violation of Fundamental Rights
In a significant ruling, the Allahabad High Court has directed the State of Uttar Pradesh to pay exemplary compensation for the illegal detention of Chander Pal Singh, a practicing advocate, who was unlawfully detained by police officials for more than 24 hours without justification. The Division Bench, comprising Justices Siddharth and Vinai Kumar Dwivedi, emphasized the violation of Singh's fundamental rights under Articles 20 and 21 of the Indian Constitution.
The court has ordered a compensation of Rs. 75,000 to be paid to Singh for the three days of illegal detention from March 22 to March 25, 2026, at a rate of Rs. 25,000 per day. Furthermore, the court has mandated that this amount be recovered from the salaries of the responsible officials after a disciplinary inquiry.
The judgment also addressed the procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023, stressing that personal bonds not exceeding Rs. 20,000 should be executed without requiring sureties in preventive detention cases. The court highlighted the need for transparency and accountability, directing that any refusal to execute a personal bond must be documented in writing and through audio-visual means.
Justice Siddharth, delivering the judgment, noted that despite existing state policies for compensating illegal detention, police officials and magistrates continue to act irresponsibly. The court has urged the State Government to enhance the compensation amount and revise policies in light of the new legislative framework provided by the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court's decision underscores the judiciary's role in safeguarding citizens' rights and holding public officials accountable for breaches of duty. The Commissioner of Police, Ghaziabad, has been tasked with ensuring compliance with the court's directives, with a report due on or before September 14, 2026.
Bottom line:-
Illegal detention - Compensation for illegal detention - Directions regarding execution of personal bonds in preventive detention cases under the Bharatiya Nagarik Suraksha Sanhita, 2023 - Enhancement of compensation for violation of right to liberty.
Statutory provision(s): Articles 20, 21, 226 of the Constitution of India, Sections 126, 135, 170 of Bharatiya Nagarik Suraksha Sanhita, 2023
Chander Pal Singh v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2919634
