Every arrest, detention does not amount to custodial torture: HC

Every arrest and detention does not amount to custodial torture, observed the Allahabad high court while dismissing a writ petition filed by one Shah Faisal of Mahrajganj district seeking compensation from the state government for police atrocities done to him.
The court gave this judgment when, during the course of hearing, it was noticed by the court that there was an FIR lodged against the petitioner, wherein he was accused of beating one Rishikesh Bharti with a rod. He was called to the police station in connection with interrogation of the said case. Later, on a complaint of the petitioner, the SSP had initiated the inquiry and nothing was found against the policemen and accordingly, they were discharged.
In this backdrop, while dismissing the petition, a division bench comprising justice Mahesh Chandra Tripathi and justice Prashant Kumar observed, “There is no violation of any human rights of the petitioner which is patent and incontrovertible, neither it can be said to be a gross violation. Therefore, it cannot be said that the law enforcement agencies had gone overboard in repressing the crime in the society”.
The petitioner alleged that two policemen belonging to police outpost- Partawal of Mahrajganj took him to the outpost, where the sub-inspector and a constable demanded ₹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 the police lock-up.
The petitioner alleged that the next day, he went to the police station – Shyam Deorwa of Maharajganj district to lodge an FIR against policemen but the policemen refused to do so. Later on, he filed a complaint at IGRS Portal on February 18, 2021 and also moved an application to the superintendent of police, Maharajganj district, on February 19, 2021 but despite the applications, no action was taken by the authorities concerned. Hence, he filed the present writ petition before the high court.
In the writ petition, the petitioner requested the court to direct SP, Maharajganj to take legal action against the guilty policemen and also initiate disciplinary proceedings against them. He also sought lodging of FIR against the guilty policemen for confining him in police custody without any rhyme or reason. He also demanded compensation.
“It is well settled law that in the case of custodial torture, which would amount to violation of the rights guaranteed under Article 21 of Constitution, the proceeding under Article 32 or 226 of Constitution can be initiated only when there is a substantial evidence of custodial torture,” the court added in its judgment dated October 15.