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Issuance of Directions to the State Government Officer to Compensate Persons Who were Illegally Detained
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Issuance of Directions to the State Government Officer to Compensate Persons Who were Illegally Detained

15 Jun 2021 08:52 pm

Justices: Surya Prakash Kesarani & Shamim Ahmed

The main reason to file this Writ Petition was to issue a writ, order or direction in the nature of mandamus directing the respondents to give compensation to the petitioners in lieu of illegal detention from 12.10.2020 to 21.10.2020 in connection with Case Crime No.624 of 2020, State vs. Shiv Kumar and Another, under Section 151, 107 and 116 CRPC, Police Station Rohania, District Varanasi”.

Recently, the direction to the State Government has been issued by the Hon’ble Allahabad High Court for the implementation its policy for the grant of compensation of Rs.25, 000/- to the person who had been illegally detained and initiation of disciplinary proceedings against such officer.

It has been further observed that public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statue like the commission or the courts entrusted with the responsibility of maintaining the rule of law.

While referring the Judgment i.e. - Lucknow Development Authority vs. M.K.Gupta (1994) 1 SCC 243, it has been stated by the Hon’ble Allahabad High Court that once it is found by the competent authority that a complainant is entitled to compensation for the inaction of those who are entrusted under the Act to discharge their duties in accordance with law, then payment of the amount may be made to the complainant from the public fund immediately but it may be recovered from those who are found responsible for such unpardonable behaviour.

An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in office instead of standing against it. In a modern society, no authority can arrogate to itself the power to act in a manner that is arbitrary. It is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to another with no result.

11th June 2021 SC

Shiv Kumar Verma and Another vs. State of U.P. and three others
(Criminal Misc. Writ Petition No. 16386 of 2020)


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