The Supreme Court stayed an Allahabad High Court order directing Uttar Pradesh government to pay Rs 10 lakh compensation to a man allegedly kept in illegal police custody for over three months. The interim order came during the State’s challenge against the compensation direction.
The Allahabad High Court held that habeas corpus petitions challenging an accused’s initial arrest and remand cannot ordinarily be entertained after cognizance, framing of charges, and substantial progress in trial. “Pandora’s Box Has Been Opened,” the Court remarked on recent illegal-arrest jurisprudence.
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.
