Constitutional courts are empowered to mould relief to afford complete justice in public law, including awarding compensation against the state for established violations of the fundamental right to life and personal liberty caused by illegal police detention, notwithstanding the absence of a specific prayer for monetary compensation.

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 deemed fit and proper, and the fourth is about costs. In our opinion, this is one of the very exceptional cases, where we have to consider granting just relief to the petitioner under Residual Clause No.3.

3. The case of the petitioner is that he was living at Mehmoorganj in the district of Varanasi and had come over to his native village Sidhwar, Tehsil and P.S. Handia, District Prayagraj, to look after his agricultural property located there. On the 26th of November, 2022, the petitioner had gone to his fields to take care of his paddy crop and returned home in Village Sidhwar at about 3.00 p.m., when one Surya Prakash Dubey, the then In-charge Police Outpost Baraut, P.S. Handia, District Prayagraj, entered the petitioner's house. Without intimating anyone of anything or the petitioner himself, he dragged the petitioner out of his house, dressed in just a lungi and kurta and carried him off to the Police Outpost Baraut. Thereafter, the petitioner was conveyed to P.S. Handia. On way to P.S. Handia via Police Outpost Baraut, the petitioner repeatedly asked Dubey the reason why he was being taken to the police station. Dubey abused the petitioner and did not disclose any reason. The petitioner was put in the Lockup of P.S. Handia for about 24 hours from 26.11.2022 to 27.11.2022.

4. There are specific allegations in paragraph Nos.11 to 17 of the writ petition to the effect that during those 24 hours of illegal detention, the petitioner asked to be set at liberty, but Dubey demanded a bribe of Rs.20,000/- as price for the petitioner's liberty. The petitioner's younger brother endeavoured hard to secure the petitioner's release and for the purpose requested Mr. Rahul Mishra, an Advocate of District Court, Allahabad, but all efforts proved in vain and each time, the petitioner faced a demand of Rs.20,000/- in bribe by Dubey for his release from illegal custody. It is also averred that on 27.11.2022, the petitioner's younger brother repeatedly attempted to contact Dubey over his cellphone, but Dubey remained elusive. It is averred specifically in paragraph No.17 that the petitioner was released from illegal custody on 27.11.2022 at 4.00 p.m., but not before he was forced to pay a bribe of Rs.20,000/- to Du