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Allahabad High Court: Non-release of individual even after submission of personal bond is a clear breach of Article 21 [READ ORDER]

“These necessary ingredients of Section 111 of CrP.C. are totally absent in the order dated 8.10.2020 passed by the respondent no.3. Thus, it is evident on record that the respondent no.3 has acted arbitrarily and illegally”.

Allahabad High Court

By: Anish Khondo, 5th Year Law Student, Christ (Deemed to Be) University, Bangalore.

In this case, there was a dispute between the petitioners Rajendra Prasad, Shiv Kumar Verma and Raj Kumar Verma and their family members regarding partition of ancestral land and in apprehension of breach of public peace.

On October 8, 2020, the police arrested the petitioners under Section 151 of the Code of Criminal Procedure (Cr.P.C.) [arrest to prevent the commission of cognizable offences].

A Division bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed, was dealing with this writ petition and found that the police authorities acted arbitrarily and not only failed to discharge his duty cast upon him under Section 107 and 111 of the Cr.P.C. but also committed breach of Article 14 and 21 of the Constitution of India. “it stands admitted that the police authorities are arbitrarily and illegally submitting Challani Reports under Sections 107/116 Cr.P.C”.

As noted by the Court on October 8th ‘Challani Report’ was submitted and it contained names of the petitioners and others, name of village and “land dispute” had been written by ink.

The petitioners also submitted that they had submitted on October 12, 2020, they submitted “personal bond and other papers” but on which the Police did not release them.

Later the matter was again tired on 13th January 2021.

The court then directed the police authorities to file a counter affidavit, showing under what reasons Challani Report was issued on which the police authorities failed to show the circumstances for the counter affidavit.

The court also held respondent “has acted arbitrarily and not only failed to discharge his duty cast upon him under Section 107 and 111 Cr.P.C. but also committed breach of Article 14 and 21 of the Constitution of India. Such type of instances need to be stopped by the State Government”.

Learned Additional Advocate General and the Secretary, Home, U.P.  Lucknow jointly stated that the State Government shall develop a mechanism and shall also issue appropriate guidelines so as to ensure that such instances may not repeat again.

Also, that the grant of compensation would be fulfilled by the Government “State Government shall consider to grant monetary compensation to the petitioners for breach of their fundamental rights under Article 21 of the Constitution of India”.Lastly the court granted four weeks’ time to the State Government to take appropriate action in terms of the statement and “On the next date fixed, the respondent no.3 shall also file his personal affidavit explaining his conduct, as briefly noted above”. The next hearing is scheduled for March 3rd 2021.

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