Rs 10 lakh cost imposed by Allahabad HC on state over man’s illegal detention
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The Allahabad High Court has imposed costs of ₹10 lakh on the state over what it described as the illegal arrest and continued detention of a man for more than three months.
A bench comprising Justices Abdul Moin and Pramod Kumar Srivastava passed the order while hearing a habeas corpus petition. The court pointed out that the arrest memo cited only a case crime number and did not specify the grounds for arrest, indicating a violation of due process.
It observed that the petitioner had been unlawfully detained since January 27, 2026, and that his incarceration had continued beyond three months, warranting exemplary costs, Indian Express reported.
The bench noted that the arrest had not followed the procedure laid down by the Supreme Court of India in the case of Mihir Rajesh Shah v. State of Maharashtra. Referring to constitutional safeguards under Article 22(1), the court highlighted that a person cannot be held in custody without being informed of the reasons for arrest. It further indicated that the magistrate’s remand order, having been based on such an unlawful arrest, was also liable to be set aside.
The court also took note of the state’s failure to respond adequately to its earlier direction seeking an explanation on why costs should not be imposed. It remarked that the Additional Chief Secretary (Home) had not provided any meaningful justification and appeared to have shown a lack of due application of mind.
The bench suggested that the affidavit submitted did not address the court’s query regarding the imposition of costs and merely stated that action might be taken after receiving a report.
Expressing concern, the court observed that such lapses at the level of a senior official raised broader questions about the functioning of the department. It further noted that despite prior directions, authorities had failed to act, allowing the petitioner’s unlawful detention to continue.
In its final direction, the court ordered the state to pay ₹10 lakh as compensation to the petitioner within four weeks. It clarified that while the payment must initially be made by the state government, it would have the liberty to recover the amount from officials found responsible, in accordance with the law.