Every arrest and detention does not amount to custodial torture, the Allahabad High Court observed while dismissing a writ petition filed by one Shah Faisal of Mahrajganj district seeking compensation from the state government for police atrocities committed against him.

The court passed this judgment when, during the course of hearing, it came to know that an FIR had been lodged against the petitioner, accusing him of beating one Rishikesh Bharti with a rod. He was called to the police station in connection with the interrogation regarding the aforementioned case. Subsequently, upon the petitioner’s complaint, the SSP began the investigation and nothing was found against the police officers, so they were released.

In this context, while dismissing the petition, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed: “There is no violation of any human right of the petitioner which is patent and incontrovertible, nor can it be said that be a serious violation. rape. Therefore, it cannot be said that law enforcement agencies have gone too far in repressing crime in society.”

The petitioner alleged that two policemen belonging to the Partawal police post of Mahrajganj took him to the outpost, where the sub-inspector and a constable demanded from him $50,000, threatening that otherwise he would be falsely implicated in a criminal case. When he demonstrated his inability to pay the amount, he was allegedly beaten in the police cell.

The petitioner alleged that the next day he went to the Shyam Deorwa police station of Maharajganj district to lodge an FIR against the policemen, but the policemen refused to do so. Subsequently, he filed a complaint on the IGRS Portal on February 18, 2021 and also submitted a request to the Maharajganj District Superintendent of Police on February 19, 2021, but despite the requests, no action was taken by the authorities concerned. Therefore, he filed the present writ petition before the high court.

In the writ petition, the petitioner requested the court to direct SP, Maharajganj to take legal action against the guilty police officers and also initiate disciplinary proceedings against them. He also sought lodging of FIR against the guilty police officers for confining him in police custody without rhyme or reason. He also demanded compensation.

“It is a well-established law that in the case of torture in custody, which would amount to a violation of the rights guaranteed by Article 21 of the Constitution, the procedure provided for in Articles 32 or 226 of the Constitution can only be initiated when there is evidence substantial consequences of the deprivation of liberty. “torture,” the court added in its ruling on October 15.