The State Must Implement Policy To Pay Compensation To People Detained Illegally: Allahabad HC

What is the issue

• The Court was dealing with the case where 2 persons were illegally detained by a public authority. They were continued to be placed under detention despite them submitting personal bonds and other papers as directed by the public authority under the pretext of verification, and thus they challenged their illegal detention before the Court.
• The Bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed appreciated the State Government for coming up with a policy decision to pay compensation of Rs.25,000 for such illegal detention of citizens by any public authority and initiation of disciplinary proceedings against such officer.
• Allahabad High Court Stressed that the award of compensation for harassment by public authorities does not only compensates the individual and satisfies him personally but also helps in curing social evil.

Observations of the Court

• The Court also observed that the public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavioras they are entrusted with the responsibility of maintaining the rule of law.
• The Allahabad High Court remarked that an ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities and that if a public authority acts in such a malicious or oppressive manner then it would result in harassment and agony and would not be considered as an exercise of power but as abuse of such power.
• The Court also observed that the harassment of a common man by public authorities is socially abhorring and legally impermissible and it may harm him personally but the injury to society is far more grievous.
• The Court further stated that where it is found that the exercise of discretion by a public authority was mala fide and the complainant is entitled to compensation for mental and physical harassment then the officer cannot claim to be under a protective cover and will be punished accordingly.

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