Every arrest and detention doesn’t amount to custodial torture: Allahabad HC

Lucknow, Oct 31 The Allahabad High Court has ruled that every arrest and detention does not amount to custodial torture.

A bench of Justice Mahesh Chandra Tripathi was hearing a plea seeking direction to register an FIR against two police officials for committing custodial torture on the petitioner by confining him in police custody without any rhyme or reason. He also sought direction to the state government to compensate him for the inhuman act done by the police.

The petitioner claimed that he ran a petty shop in a village in Maharajganj for his livelihood and in February 2021, a Sub-Inspector and constable posted at Police Outpost Partawal had threatened him and asked for Rs 50,000 from his father, otherwise, he would be falsely implicated in a criminal case. Once the petitioner had shown his inability to fulfil their illegal demand, he was beaten up in the police lock-up.

The petitioner went to lodge an FIR against the two officials but the police station concerned had refused to register it. Later on, he made a complaint at the IGRS Portal and also moved an application to the Superintendent of Police but no action was taken.

On the other hand, the Additional Government Advocate opposed the petition and contended that the petitioner had made false and exaggerated claims of illegal detention and torture, adding that there was no evidence of custodial torture nor any medical report of any injury or disability inflicted upon the petitioner.

In its recent judgment, the Allahabad High Court noted that a "complaint was made by one Ved Prakash Bharti, who is the father of Rishikesh Bharti, wherein it was alleged that the petitioner had brutally assaulted him with an iron rod on 13.02.2021. Even the FIR of the said incident was also lodged on 18.02.2021, which was registered as Case Crime No.37 of 2021 under Sections 323, 504, 506 IPC and under Section 3 (1) (Dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989."

It said that in the case of custodial torture, which would amount to a violation of the rights guaranteed under Article 21 of the Constitution, the proceeding under Article 32 or 226 of the Constitution can be initiated only when there is substantial evidence of custodial torture.

The Allahabad HC added that it may not be prudent to accept the claims of human rights violation by persons having criminal records in a routine manner for awarding compensation.

"If this is allowed then it would lead to a wrong trend and every criminal arrested or interrogated would turn up and file a petition seeking heavy compensation against the action of the police officials. Further, if such proceedings are encouraged, it will open the floodgates for false claims, either to mulct money from the State or as to prevent or thwart further investigation," it said.

It further said that the court, while zealously protecting the fundamental rights of those, who are subjected to any kind of torture in custody, should also stand guard against all false, motivated and frivolous claims in the interest of society and enable the police to discharge their duties fearlessly and effectively.

"Every arrest and detention does not amount to custodial torture. In the instant case, there is no clear or incontrovertible evidence about the custodial torture of the petitioner. In the absence of any such material, we do not find that the instant matter falls in such category, wherein this court may accord any compensation or any other relief," the Allahabad High Court ruled as it dismissed the petition.

Source: IANS