THE Allahabad High Court has directed the UP government to develop a mechanism to prevent the harassment of innocent people. This direction came after it took up a case of a person sent to jail for fear of breach of peace. The division bench of Justices SP Kesarwani and Shamim Ahmed also sought a response from the sub-divisional magistrate (SDM) of Varanasi for illegally detaining one Shiv Kumar Ver ma for ten days, fearing a breach of peace. It directed the state government to take appropriate action in this matter within four weeks and file a compliance report.
Verma had a property dispute with his family. The police of Rohania police station, apprehending breach of peace, arrested him and some family members (petitioners) under Section 151, CrPC on October 8, 2020. The report was filed by the police in a printed proforma in which neither the reason for breach of peace was given nor a notice sought from the petitioner. The SDM sent the petitioner to jail on the basis of non sub mission of the bail letter filed against him.
On October 12, the petitioners submitted a personal bond and other papers, but the administration still did not release them. Instead, on the pretext of verification, it directed the file to be placed on October 21, the day they were finally released.
Verma then filed a petition in the High Court, terming the action of the SDM unlawful. He alleged that he was kept illegally in detention. The High Court summoned Secretary, Home, Tarun Gaba.
Denne historien er fra February 22, 2021 -utgaven av India Legal.
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