The Allahabad High Court issued detailed guidelines governing preventive detention under the BNSS and CrPC, holding that detainees should ordinarily be released on personal bonds without sureties. The Court also introduced compensation for unlawful detention beyond 24 hours, strengthening accountability and protection of personal liberty.
The Allahabad High Court termed the situation “shocking” after records showed that 4,847 people were placed in preventive detention in Prayagraj and Ghaziabad over two years. The Court expressed concern that many detainees remained jailed for days or weeks despite statutory safeguards under the law.
The Supreme Court awarded Rs 11 lakh compensation to a prisoner unlawfully kept in custody for 24 days beyond the legally permissible period, holding that wrongful deprivation of personal liberty constitutes a serious violation of Article 21 and undermines the constitutional guarantee of fundamental rights.
Kapil Sibal said Umar Khalid’s nearly five-year custody without bail violates Article 21 and promised to approach the Supreme Court against the Delhi High Court’s order. He questioned judicial delays, political silence, and selective action in the Delhi riots conspiracy case.
Allahabad High Court granted bail to Zafar Ali, citing lack of direct proof linking him to the Sambhal mosque violence. The court said custody can’t be used as punishment without prima facie evidence.
The Delhi High Court criticized the police for the prolonged trial in the 2020 riots conspiracy case, noting the accused, Tasleem Ahmed, has been jailed for over five years without charges. The defense argued for bail due to the delay, while the prosecution cited adjournments requested by the defense. The hearing continues.
