The Allahabad High Court has set forth new guidelines to mitigate the misuse of preventive detention under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Code of Criminal Procedure (CrPC). This move comes in response to the case Chandar Pal Singh Vs State of UP, where the court sought to address the unwarranted detention of individuals under the guise of maintaining peace.
Key Rulings from the Allahabad High Court
A bench comprising Justices Siddharth and Vinai Kumar Dwivedi has decreed that individuals detained under BNSS or CrPC should only be required to submit a personal bond, pledging to maintain peace and good behavior. Importantly, no surety should be demanded for their release, and the bond amount should not exceed ₹20,000. The court emphasized, “The amount of such bond shall not exceed ₹20,000 and no surety shall be required to be furnished.”
The court further stated that if a Magistrate decides to increase the bond amount, they must provide written justification. Additionally, if the detained individual completes the bond on the date of detention, they must be released immediately.
Compensation for Unlawful Detention
A significant aspect of the ruling is the court’s directive that if a person is detained for over 24 hours without a valid reason, the State government is liable to pay a compensation of ₹25,000 per day. “In cases where a person is detained for more than 24 hours in violation of this order, without any plausible reason, an amount of ₹25,000 per day shall be payable to the detained person as compensation by the State Government,” the court ruled. This sum will later be recovered from the salaries of the responsible Magistrate or police officer, subject to disciplinary proceedings.
Disciplinary Measures and Compliance
The court has mandated that any refusal by a detainee to execute a personal bond must be documented in writing and recorded via audio-video before the individual is sent to jail. Should a detainee choose not to execute the personal bond, the refusal must be recorded accordingly. Moreover, the detainee must be brought before the Magistrate on a date they select to furnish the personal bond.
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Disciplinary actions will follow for Magistrates and police officers deemed responsible for unwarranted detention, with the potential for salary deductions to cover compensation costs.
Case Background and Court Findings
The guidelines were established following a habeas corpus petition filed by Chander Pal Singh, a High Court advocate, and his wife, against the State of Uttar Pradesh. Singh alleged that he was unlawfully detained by Ghaziabad police without being presented before a Magistrate within the stipulated 24 hours. Despite posting bonds totaling ₹50,000, he was jailed under preventive measures.
The State responded that Singh had been charged under BNSS for allegedly obstructing a passage and was subsequently presented before a court. However, the High Court found no justification for Singh’s continued detention and awarded him ₹75,000 in compensation, reflecting ₹25,000 per day of unlawful detention.
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The court’s decision highlights the need for strict adherence to legal procedures and the protection of individual rights against arbitrary detention. It underscores the necessity for accountability and transparency within law enforcement practices in Uttar Pradesh.
