Allahabad, Uttar Pradesh: Allahabad High Court recently ordered the Uttar Pradesh government to pay compensation for illegally detaining man for eight days. The court asked the government to pay Rs 2 Lakh to petitioner Mansoor Ahmad, who had been taken into custody by the police on March 19 by invoking legal provisions enabling the preventive action of individuals to maintain public peace and to prevent the commission cognisable offenses.

Mansoor’s family approached the high court and then on March 27, he was released. While ordering the compensation, the court observed that he was in jail for eight days under Section 170 of Bharatiya Nagarik Suraksha Sanhita (BNSS) when he could not have been kept in custody for more than 24 hours.

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According to the police, Mansoor was arrested after allegedly hurling abuses against people in the Patwari village, claiming there was an apprehension of breach of peace. After he could not produce surety, before the Assistant Commissioner of Police (ACP), he was sent to judicial custody.

The court has found that the   ACP passed the order on a printed proforma relating to persons who fail to furnish surety, noting that the petitioner was produced before the ACP on March 19 and directly sent to judicial custody till March 27.

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It added that if the petitioner had failed to produce surety on March 19, he could have been provided an opportunity on March 20 to furnish a personal bond for keeping the peace and maintaining good behaviour.

The court underlined that the petitioner was kept in illegal detention for eight days. “This is shocking state of affairs in the Commissionerate, Prayagraj. The Commissioner of Police has been given the powers of a Magistrate, which are being misused to the hilt,” the Court added.