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Has UP Govt Published Its Policy To Punish Erring Officials, Pay Compensation To Victims In Illegal Detention Cases?: Allahabad HC
Sparsh Upadhyay
12 Sept 2021 8:51 PM IST
The Allahabad High Court last week asked the Uttar Pradesh Government if it has published its policy of punishing erring officials and granting compensation to a citizen (25,000/-) in illegal detention cases, in compliance with the High Court's June 2021 order.The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agarwal has called for an affidavit from the UP government by...
The Allahabad High Court last week asked the Uttar Pradesh Government if it has published its policy of punishing erring officials and granting compensation to a citizen (25,000/-) in illegal detention cases, in compliance with the High Court's June 2021 order.
The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agarwal has called for an affidavit from the UP government by September 14.
What is the State's policy?
The State Government of Uttar Pradesh, vide its order dated March 23, 2021, had come with a policy to deal with cases of Section 107, 116, 116(3) and 151 CrPC, and the policy provides that:
- In case of illegal detention of a person in violation of Article 21 of the Constitution, disciplinary action would be taken against the erring official (if found guilty) as per the rules.
- The report of disciplinary action would have to be submitted within 3 months, or any such period prescribed under the applicable rules.
- Where the detention of a citizen is in fact found to be illegal, the person shall be paid Rs. 25k as compensation.
Further, dealing with the case of 2 persons in illegal detention, who continued to be under detention despite submitting personal bond and other papers as directed under the pretext of verification, the Court had directed the State Government to do the following:
- Where the detention of a citizen is in fact found to be illegal, the person shall be paid Rs. 25k as compensation.
- The State Government shall publish Para 12 of its Policy decision dated 23.03.2021 in all largely circulated National Level newspaper having circulation in the State of Uttar Pradesh and shall also display it on display board at prominent places within public view, in all blocks, Tehsil Headquarters, Police Stations and in the campus of District Collectorate in the whole of the State of Uttar Pradesh.
- Copy of the order shall be sent by the State Government to all District level and Tehsil level Bar Associations in the whole of the State of Uttar Pradesh.
Now, last week, the Court sought to know from the State Government as to whether it has complied with its order as it directed it file an affidavit clearly disclosing therein as to whether the direction of the judgment has been complied with?
"If the answer is in affirmative, then copies of relevant newspapers and reports displaying...the policy decision...on display board at prominent places within public view, in all blocks, Tehsil Headquarters, Police Stations and in the campus of District Collectorate in the whole of the State of Uttar Pradesh and sending of the copies of the order to all District level and Tehsil level Bar Associations in the whole of the State of Uttar Pradesh, shall also be filed along with the affidavit," the Court further directed.
Case title - Shiv Kumar Verma and Another v. State Of U.P. and 3 Others
Read Order
