Pranav Shukla
The Allahabad High Court has issued a significant ruling, emphasizing that not every instance of arrest and detention constitutes custodial torture. This decision came in response to a petition filed by Shah Faisal, a resident of Mahrajganj district, seeking compensation from the state government for alleged police atrocities.
The court observed that automatically accepting allegations of human rights abuses from individuals with criminal histories for compensation purposes would set a dangerous precedent. This would encourage every arrested or interrogated individual to file petitions seeking hefty compensation against police officers.
During the hearing, it was revealed that Shah Faisal had a pending case against him for violently attacking Rishikesh Bharti with a rod, as per an FIR. He was summoned to the police station to assist with inquiries regarding the pending matter. Following a complaint by Faisal, the SSP initiated an inquiry, which found no evidence against the policemen, leading to their discharge.
A division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar dismissed the petition, stating, “There is no violation of any human rights of the petitioner as there is no clear or incontrovertible evidence about the custodial torture of the petitioner.” The court emphasized that custodial torture constitutes a breach of fundamental rights protected under Article 21 of the Constitution and requires prima facie evidence to institute proceedings under Article 32 or 226. This ruling underscores the importance of evidence-based claims and the need to prevent frivolous allegations against law enforcement personnel.