In a recent Order, the Hon’ble Allahabad High Court has directed the State Government to compensate citizens who have been illegally detained according to its newly adopted Policy of compensation.
The State Government through its Order dated March 23, 2021, has initiated a Policy to pay compensation of Rs, 25,000/- for illegal detention of any citizen by any officer of the State Government and initiation of disciplinary proceedings against such officer. The policy exclusively deals with the cases falling under S.107, S.116, S.116 (3), and S.151 of the Criminal Procedure Code,1973 and also stipulates that report of disciplinary action against any officer shall be submitted within three months.
The Hon’ble Court while appreciating the move taken by the Government has observed that the award of compensation not only compensates the individual but also satisfies him personally for the harassment he has undergone.
The petition was filed by two persons who have been illegally detained, despite submitting personal bond and necessary documents as directed, under the guise of verification.
“Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with the responsibility of maintaining the rule of law,” the Hon’ble Court said.
The Hon’ble Court while citing a precedent set by the Hon’ble Supreme Court in Lucknow Development Authority Versus. M.K.Gupta (1994) 1 SSC 243 further observed :
It becomes clear abuse of power when public functionaries in the pretext of exercising their powers act maliciously or oppressively over common citizens. Physical Harassment and mental agony inflicted upon such individuals would cause far more injury to society at large. And such officers can no more claim to be under a protective cover if in exercising their powers is found to be in mala fide.
Apart from directing the State to grant compensation, the Hon’ble Court further ordered the State to publish para12 of its Policy Decision dated 23.03.2021 in all widely circulated National level Newspapers in the state and also to display it on public places, in all blocks, Tehsil Headquarters, Police Stations, in premises of District Collectorates in the entire state of U.P. And further said that the copy of Order shall be sent to all the Bar Associations at District and Tehsil level in the state of U.P.