Allahabad High Court Declares Four-Day Police Custody Illegal, Orders ₹50,000 Compensation to Detainee
Overview of the Case
A Division Bench of the Allahabad High Court, comprising Justice Atul Sreedharan and Justice Achal Sachdev, rendered a significant ruling in the matter of Kamlesh Kumar (Corpus) and Another v. State of U.P. and Others, Habeas Corpus Writ Petition No. 1222 of 2026, decided on 18.09.2026. The Court categorically held that the petitioner, Kamlesh Kumar, had been subjected to illegal police custody spanning nearly five days — from 15.08.2026, when he was taken from his medical shop, until 19.08.2026, when he was eventually produced before a Magistrate and remanded to judicial custody.
The Court directed his immediate release (subject to him not being required in any other pending matter), awarded ₹50,000 as compensation for the unlawful detention, and directed the State to recover the amount from officers found responsible following a proper inquiry — all within three months from the date of the order.
Background: Habeas Corpus Petition and Prior Court Directions
The matter came before the Court by way of a habeas corpus petition in which it was alleged that armed police personnel had taken the petitioner from his medical establishment on 15.08.2026 without following any legally prescribed procedure, and that he had not been presented before any Magistrate until 19.08.2026 — a gap of four days.
Pursuant to an earlier order dated 03.09.2026, the Court had taken note of CCTV footage referenced in the petition and had called for a personal affidavit from the Superintendent of Police of the concerned district. In response, affidavits were submitted by the Deputy Commissioner of Police, Yamuna Nagar, Commissionerate, Prayagraj, and the Station House Officer (SHO), Police Station Meja, District Prayagraj. Both affidavits were taken on record by the Division Bench.
As recorded in paragraph 1 of the order: "Present petition has been filed by the petitioner, who alleges illegal detention by the respondent-State from 15.08.2026 onwards. In the petition, it was alleged that the petitioner was unlawfully lifted by two armed police men from his shop on 15.08.2026 (the reference to the VC footage has already been made in the previous order passed by this Court on 03.09.2026). On that date, this Court had called for the personal affidavit of the Superintendent of Police of the District. Pursuant thereto, affidavits of Deputy Commissioner of Police, Yamuna Nagar, Commissionerate, Prayagraj and S.H.O. Police Station Meja, District Prayagraj, have been filed, which are taken on record."
Property Dispute, Nationality Allegations, and Registration of Case Crime
The affidavit filed by the Deputy Commissioner of Police revealed the backdrop against which police action had been initiated against the petitioner. It disclosed that Kamlesh Kumar was embroiled in a property dispute with a neighbour, Geeta Vishwas, who had levelled serious allegations questioning his nationality, claiming he was a citizen of Bangladesh. A formal police complaint was filed, following which an inquiry was conducted by the Assistant Commissioner of Police, Meja, Commissionerate Prayagraj.
Upon conclusion of the inquiry, Case Crime No. 429 of 2026 was registered at P.S. Meja, District Prayagraj, under:
Sections 318(4), 336(3), 338 and 340(2)of the Bharatiya Nyaya Sanhita, 2023Sections 21 and 22of the Immigration and Foreigners Act, 2025Section 12of the Passport Act, 1967
A separate inquiry was conducted by the Assistant Commissioner of Police (Intelligence), Commissionerate Prayagraj, whose report dated 27.06.2026 alleged that the petitioner was actually a resident of Maispada, Police Station Nadai, District Nadai, Bangladesh, with a temporary address at Barbariya Kushwadia, Police Station Nadia, West Bengal.
As captured in paragraph 2 of the order:
"Having gone through the affidavit of the Deputy Commissioner of Police, with specific reference to paragraph-6 of the affidavit, it has been recorded therein that the petitioner has a property dispute with his neighbour Geeta Vishwas, who levelled a serious allegation against him of being a citizen of Bangladesh and filed a police complaint against the petitioner..."