Any arrest or detention does not amount to custodial torture: HC

Any 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 the atrocities meted out to him by the police had done.

The court passed this judgment when it was noticed by the bench during the hearing that an FIR had been lodged against the petitioner, accusing him of beating one Rishikesh Bharti with a rod. He was called to the police station for questioning in this case. Later, based on a complaint by the petitioner, the SSP had initiated an investigation. Nothing was found against the police officers and they were dismissed accordingly.

In this backdrop, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, while dismissing the petition, observed: “There is no violation of human rights of the petitioner which is clear and conclusive, nor can there be be said to be a gross violation of the petition. offence. Therefore, it cannot be said that the law enforcement agencies have gone overboard in suppressing crime in the society.”

The petitioner alleged that two policemen from Partawal police outpost of Mahrajganj took him to the outpost, where the sub-inspector and a constable demanded ₹50,000, threatening that he would otherwise be wrongfully involved in a criminal case. When he showed that he could not pay the amount, he was beaten up in the police cell.

The petitioner claimed that the next day he had gone to Shyam Deorwa police station of Maharajganj district to lodge an FIR against police officers, but the police officers refused to do so. Later, he filed a complaint with IGRS Portal on February 18, 2021 and also forwarded an application to the Superintendent of Police, Maharajganj District on February 19, 2021, but despite the applications, no action was taken by the authorities concerned. He therefore filed the present petition before the court.

In the petition, the petitioner requested the court to direct SP, Maharajganj to take legal action against the guilty police officers and also initiate disciplinary proceedings against them. He also sought filing of the FIR against the guilty police officers for keeping him in police custody without any rhyme or reason. He also demanded damages.

“It is settled law that in the case of custodial torture, which would amount to violation of the rights guaranteed by Article 21 of the Constitution, the proceedings under Article 32 or 226 of the Constitution can be initiated only if there is substantial evidence of deprivation of liberty. torture,” the court added in its October 15 ruling.