Allahabad High Court Refuses To Entertain PIL Alleging Illegal Arrests, Action For Breach Of Peace Against Social Workers

The Allahabad High Court on Friday refused to entertain a PIL moved by NGO Social Forum on Human Rights, challenging alleged misuse of powers under the ‘Police Commissionerate System’ by the Uttar Pradesh police against social workers.

A bench comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi orally advised the Petitioner that persons facing actions under Sections 107, 116 and 151 of CrPC have alternate remedies available to them and a PIL to this effect would not be maintainable. Following which the plea was withdrawn.

The Petitioner, appearing in-person through its officer, contented people have been illegally detained for not meeting the demands of police personnel. Powers under Sections 107, 116 and 151 of CrPC are being misused by the Police, it was alleged.

Further, it was alleged that the guidelines for arrest and bail as laid down by the Supreme Court in Stayendra Kumar Antil v. CBI and Another and Arnesh Kumar v. State of Bihar and another, were not being followed. There was gross violation of fundamental rights of the persons being detained, it was alleged.

Petitioner also placed before the Court certain newspaper articles stating that around 48% detenu were sent to jail in alleged threat of breach cases. Further, in the month of May itself, there were about 500 persons who were sent to jail due to apprehension of threat of breach, without following the principles of natural justice, it was alleged.

Petitioner stated that RTI had been filed through the organisation seeking details of persons detained illegally, however no response has been received from the concerned authorities. An incident of arresting an advocate in Ghaziabad District was also placed before the Court.

By way of the PIL, the Petitioner sought a writ of mandamus directing the Commissioner of Police to produce the details of persons arrested by Police under Sections 107, 116 and 151 of CrPC and to protect the fundamental rights of those arrested.

Section 107 of CrPC provides Executive Magistrate the power to issue show cause to a person who is likely to commit breach of peace or disturb public tranquillity as to why bond should not be issued against him/her.

Section 116 of CrPC lays down the procedure for ‘inquiry as to the truth of information’ which has led to action against a person.

Section 151 of CrPC empowers police to arrest any person, for a period not exceeding 24 hours on knowledge of design to commit a cognizable offence.

The court said those aggrieved should pursue individual and appropriate remedies in law.

Case Title: Social Forum on Human Rights vs. State of U.P. & Another [PIL No. 1308/2023]

Case Citaiton: 2023 LiveLaw (AB) 247