Every arrest, detention is not torture in custody: GC

Every arrest and detention does not amount to custodial torture, the Allahabad High Court observed while dismissing a petition filed by one Shah Faisal of Mahrajganj district seeking compensation from the state government for police brutality.

The court passed this judgment when it was observed during the hearing that an FIR had been filed against the petitioner accusing him of beating Rishikesh Bharti with a stick. He was summoned to the police department in connection with the investigation of the specified case. Later, based on the applicant’s complaint, the DSP initiated an investigation, and nothing was found against the police officers, so they were dismissed.

Against this backdrop, while dismissing the petition, a bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed, “There is no clear and undeniable violation of any human rights of the petitioner nor can it be termed gross violation. Therefore, it cannot be said that the law enforcement agencies overreacted in suppressing crime in society.”

The applicant alleged that two policemen belonging to the police outpost – Partawal of Marajganj took him to the outpost where the sub-inspector and the constable demanded ₹50,000, threatening that otherwise he will be falsely accused in a criminal case. When he demonstrated his inability to pay the amount, he was allegedly beaten in the detention center.

The appellant claimed that the next day he went to the Police Station – Shyam Deorwa of Maharajganj District to lodge an FIR against the policemen, but the policemen refused to do so. He later filed a complaint on the IGRS portal on February 18, 2021 and also submitted a complaint to the Maharajganj District Superintendent of Police on February 19, 2021, but despite the applications, no action was taken by the authorities concerned. Thus, he submitted this petition to the higher court.

In the writ petition, the petitioner asked the court to direct the SP, Maharajganj to take legal action against the guilty policemen and also initiate disciplinary proceedings against them. He also demanded criminal charges against the culpable police officers for keeping him in custody without any reason or verse. He also demanded compensation.

“It is well-settled law that in the case of torture during detention, which would be a violation of the rights guaranteed under Article 21 of the Constitution, proceedings under Article 32 or 226 of the Constitution can only be initiated if there is substantial evidence of detention. torture,” the court added in its decision of October 15.