The Allahabad High Court has declared the detention of a Noida man unlawful and ordered his immediate release, sharply criticising Uttar Pradesh Police for failing to follow mandatory legal procedures.
A division bench of Justices Atul Sreedharan and Achal Sachdev, in an order dated October 7, said the case reflected a “sordid state of affairs” in the state police and observed that officers appeared to be acting as a “law unto themselves”.
The case concerns Deepak, who was taken into police custody on August 23 following a clash between two groups. An FIR was registered later that evening, and he was formally shown as arrested the following day. The court noted that he had already been in custody before the FIR was registered.
The bench also found discrepancies in arrest documents, including inconsistent dates and deficiencies in records relating to preventive proceedings. It said there was a strong prima facie case that documents had been completed later and that Deepak’s signature had been obtained on a blank paper.
The court criticised Noida ACP Kamlesh Kant and investigating officer Anuj Kumar over their handling of the procedures and directed that its displeasure be recorded in their service books.
It also asked the Uttar Pradesh Director General of Police to prepare improved training modules to sensitise officers to civil liberties and legal safeguards governing detention and arrest.
The court ordered Deepak’s release unless he was required in another case.