Lawstreet Journal

Special Bench of Allahabad HC Hears Habeas Corpus Petition alleging abduction and illegal detention by Police [READ ORDER]

Lawstreet Journal 13 Jul 2021 5:57pm

Image courtesy: Lawstreet Journal Judiciary Special Bench of Allahabad HC Hears Habeas Corpus Petition alleging abduction and illegal detention by Police [READ ORDER]

According to an order of the Acting Chief Justice of the Allahabad High Court, a Special Bench was formed on July 11, 2021 to hear a Habeas Corpus petition filed by a boy, through his mother, alleging that he was abducted from his home and held in illegal detention in a Police Station torture room.

Taking the Government Counsel's position into account, the Bench of Justices Pritinker Diwaker and Samit Gopal observed that, on the surface, it was not a case of illegal detention because he was arrested pursuant to a FIR in which the boy/complicity petitioner's was revealed.

The matter in brief:

The mother of the petitioner, Suman Kesharwani filed an application before the court and  claimed that on July 7, 2021, at 8:00pm her son, Raj Kesharwani, was abducted from the main gate of the house and held in illegal detention in a torture room within the premises of Police Station Cantt, District Prayagraj.

It is also stated in the letter petition that the police have not shown any First Information Report  being lodged against her son nor have they produced him before the magistrate as required by law.As a result, her son's detention was illegal and an illegitimate exercise of power, and as such, this Court's intervention was sought.

The aforementioned letter was treated as a petition, was registered as such, and was presented to the current Bench. It was also claimed that the boy had been tortured by the police for several days and had not… Continue Reading...

Tagged: Allahabad High Court  
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