Special Bench: Allahabad High Court Sits On Sunday To Hear Habeas Corpus Petition

Pursuant to an order of the Acting Chief Justice of Allahabad High Court, a Special Bench was constituted today to hear a Habeas Corpus petition filed by a boy, through his Mother alleging that he had been abducted from his house and was kept in illegal detention in the torture room of a Police Station.

Taking into account the stand of the Government Counsel, the Bench of Justice Pritinker Diwaker and Justice Samit Gopal observed that prima facie, it was not a case of illegal detention as he had been arrested pursuant to an FIR, in which the complicity of the boy/petitioner had surfaced.

The matter in brief

An application had been filed by one Suman Kesharwani, stating that her son, namely, Raj Kesharwani had been abducted on July 7, 2021 at 8:00 PM from the main gate of the house and he had been kept in illegal detention in a torture room within the premises of Police Station Cantt, District Prayagraj.

It was further stated in the letter petition that neither the Police had shown any First Information Report being lodged against her son nor had produced him before the concerned Magistrate in accordance with law. Hence, detention of her son was illegal and a colourable exercise of power and as such, intervention of this Court had been sought.

The said letter was treated as a petition; had been registered so and placed before the instant Bench. It was also argued that the boy had even been tortured by the Police for many days and was not produced before the concerned Magistrate.

State's submission 

On the other hand, the State Counsel informed the Court that as per instructions received from the concerned Police Station, it was disclosed that an FIR under Section 392 of IPC, had been registered against unknown persons on 30.6.2021 in which, during the investigation, the complicity of the boy/petitioner has surfaced on the basis of CCTV footage.

Thereafter, he was arrested and was produced before the concerned Magistrate on July 11, 2021 in the morning, after being arrested on 10.7.2021 at about 1:30 PM. It is argued that further relevant evidence has also been collected against him.

Lastly, the State Counsel further submitted that other relevant documents, like producing before the concerned Magistrate and the order of Magistrate would be filed along with the counter-affidavit.

Therefore, considering the submissions made by counsel for the petitioner and the State, the Court opined that it was not the case of illegal detention.

However, looking to the urgency of the matter, two days' time was granted to the State Counsel to file a counter-affidavit, after serving it to the counsel for the petitioner ad the matter was posted for hearing on July 14, 2021, as fresh before the appropriate Bench having roster.

Case title - Raj Kesharwani Through His Mother Suman Kesharwani v. State Of U.P. And 2 Others 

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