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.

The court passed this judgment when during the hearing, the court observed that an FIR had been filed against the petitioner in which he was accused of beating a Rishikesh Bharti with a rod. He was called to the police station in connection with the questioning in question. Subsequently, on a complaint by the petitioner, the SSP initiated the inquiry and nothing was found against the policemen and accordingly they were discharged.

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 human rights of the petitioner which is patent and undisputed nor can it be said that it is a serious violation. violation. Therefore, it cannot be said that the law enforcement agencies have exaggerated in the repression of crime in society”.

The petitioner alleged that two constables belonging to the police outpost – Partawal of Mahrajganj took him to the outpost where the sub-inspector and a constable asked ₹50,000, threatening that otherwise he will be falsely implicated in a criminal case. When he showed his inability to pay the amount, he was allegedly beaten up in police custody.

The petitioner claimed that the next day he went to the Police Station – Shyam Deorwa of Maharajganj District to file an FIR against the policemen but the policemen refused to do so. Later, he filed a complaint at IGRS Portal on 18 February 2021 and also filed a request with the Inspector of Police, Maharajganj District on 19 February 2021, but despite the requests, no action was taken by the concerned authorities. Therefore, he submitted this application to the High Court.

In the writ petition, the petitioner requested the court to direct the SP, Maharajganj to take legal action against the guilty policemen and also initiate disciplinary proceedings against them. He also demanded filing of FIR against the guilty policemen for arresting him without any rhyme or reason. He also asked for damages.

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