Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Matambar Mishra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a writ petition, which discloses a very substantial cause of action, but seeks a non-substantial relief.
2. The case of the petitioner is one about illegal detention in police custody for 24 hours from 26.11.2022 to 27.11.2022, but the relief that the petitioner seeks is a mandamus commanding the State of Uttar Pradesh through the Additional Chief Secretary (Home), Government of U.P., Lucknow, to ensure an inquiry into the matter by any other superior police officer. In order to understand the prayer for a direction to get an inquiry done by 'any other superior officer', one has to look into the deleted prayer No.1, where the petitioner had sought quashing of the inquiry report dated 28.12.2022 submitted by the Assistant Commissioner of Police, Handia, Prayagraj to the Commissioner of Police, Prayagraj, discarding the petitioner's case of illegal detention. The first relief was deleted under orders of the Division Bench dated 14.03.2023 and notice issued with regard to Relief Nos.2, 3 and 4. Relief Clause No.3 is the residual clause, where the Court is entrusted with the discretion to issue any other suitable writ, order or direction that may be d
The main legal point established in the judgment is the principle of 'Public Law Damage', which empowers constitutional courts to award compensation under public law to redress grievances arising fro....
The judgment established the principle that illegal detention and malicious prosecution by the police warrant the grant of compensation under the public law remedy, emphasizing the violation of funda....
The judgment establishes the importance of upholding the rights guaranteed under Article 21 of the Constitution of India and the need for a reasonable basis for arrest under the Cr.P.C.
The case reinforces the necessity of informing arrestees of the grounds for their arrest and complying with preventive detention laws, establishing that unlawful arrests lead to compensation for viol....
The judgment established the power of constitutional courts to award compensation for contravention of fundamental rights in public law proceedings.
Compensation can be awarded for illegal detention and violations of constitutional rights; police actions deemed arbitrary and unjustifiable under the law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
