What Actions Proposed Against SHO?: MP High Court On 'Illegal' Detention In Police Station, Handcuffing In Violation Of Article 21

Observing that such police excesses amount to a "gross violation of the fundamental right to life" guaranteed under Article 21 of the Constitution of India, a Division Bench of Justice Vijay Kumar Shukla and Justice Binod Kumar Dwivedi directed the Commissioner of Police, Indore, to submit a response specifying what departmental and criminal action is proposed against the erring officer.

The order has passed on in a habeas corpus plea filed by one Akash Tiwari alleging the illegal detention of his brother-in-law (Raja Dubey).

As per the facts of the case, Raja Dubey was detained in the police station and was also handcuffed. On December 2, the HC had directed Indramani Patel, the Station House Officer of Police Station Chandan Nagar, to appear in person before it.

Upon being questioned by the Bench, SHO Patel did not dispute the facts. He admitted that Raja Dubey was detained in the police station and was indeed handcuffed.

The SHO submitted that the action was taken due to the seriousness of the alleged offence committed by the detainee's father.

He argued that the main accused was not being traced and acting on the persuasion of the victim family, the police called Dubey to the station. The officer further pleaded that the detainee was handcuffed merely to avoid his running away from the police station.

However, the Court did not find substance in this justification. It also noted that the SHO admitted that no order was obtained from a competent Court of law permitting the use of handcuffs.

Therefore, condemning the act, the Court recorded in its order: "Considering the aforesaid, we find that the action of Shri Indramani Patel, Station House Officer, Police Station - Chandan Nagar, Indore is in gross violation of the fundamental right to life of a citizen guaranteed under Article 21 of the Constitution of India and his serious illegal act, as the facts are not disputed in the present case..."

Further, the Commissioner of Police concerned has now been directed to explicitly state what criminal and departmental action is proposed against the SHO concerned.

The matter has been listed for further hearing on December 9.