The Jharkhand High Court questioned the police for allegedly keeping two students in custody for 10 days without producing them before a magistrate. The Court termed the action “beyond the process of law” and directed the Chatra SP to file an explanation.
The Jharkhand High Court on Monday strongly questioned the police over the alleged illegal detention of two students at Lavalong Police Station in Chatra district. The Court asked the Superintendent of Police (SP), Sumit Agarwal, to clearly explain how the students were kept in custody for 10 days without following proper legal procedure.
A Division Bench of Justices Sujit Narayan Prasad and Arun Kumar Rai was hearing a habeas corpus petition filed by Akhtari Khantun, the mother of one of the students. In her plea, she claimed that the police had illegally detained her son and another student without producing them before a magistrate as required by law.
According to the petition, the two students were picked up by the police in the early hours of January 26. The police suspected them of being involved in an extortion racket. However, instead of either releasing them after questioning or formally arresting them and producing them before a court, the police allegedly kept them inside the police station for 10 days.
Because of this prolonged detention, the family approached the High Court by filing a habeas corpus petition, seeking immediate judicial intervention. During the hearing, the Chatra SP appeared before the Court in person. The Bench expressed serious concern over the way the students were treated and the apparent failure to follow due process of law.
The Court observed that if the police had questioned the students and then released them, it would have “left a good message on society.” The judges highlighted the difference between young students and hardened criminals.
The Bench clearly stated that a student “is not a hardcore criminal.” The Court’s remarks indicated that the police must exercise caution and sensitivity while dealing with young individuals, especially when no formal charges are immediately framed.
The judges further pointed out that if there was sufficient material or evidence against the students, the police should have registered a formal case and produced them before a magistrate, or sent them to judicial custody strictly according to the law. Keeping them in the police station without proper documentation and legal procedure, the Bench said, was “beyond the process of law.”
The High Court examined the case diary that was produced by the police. Upon review, the Court found that there was no entry showing that the students had been taken into custody. The absence of any such record in the official case diary raised serious doubts about the legality and transparency of the police action.
The Bench noted that any detention must be properly recorded and legally justified. If a person is detained, it must be reflected in official records, and the person must be produced before a magistrate within the time prescribed by law.
The Court observed that the lack of documentation strongly indicated that the detention of the students was not officially recorded. This failure, according to the Bench, raises important constitutional and procedural concerns, as illegal detention violates the fundamental rights guaranteed under the Constitution.
Taking note of these serious issues, the High Court directed the Chatra SP to submit a clear explanation regarding the circumstances under which the students were kept at the police station for 10 days. The matter has now been posted for further hearing on February 27.
The case highlights important questions about police powers, personal liberty, and the mandatory requirement of following due legal process. The High Court’s intervention reinforces the principle that no person can be deprived of liberty without proper legal authority and documentation.
Click Here to Read More Reports On Illegal Detention
