'No Respect For Law': Allahabad High Court Slams UP Cops Over SC Arrest Guideline Violations & 20+ Hour Delay In Releasing Accused

The Court also pulled up the state police officials for delaying the petitioner's release by approximately 20 hours despite the HC's explicit orders (on February 12) to release him 'forthwith'.

For context, a bench of Justice Siddharth and Justice Jai Krishna Upadhyay was hearing a habeas corpus writ petition filed by one Sachin Arya and another.

The petitioner, Sachin Arya, had been arrested by officers of the Dhoomanganj Police Station in Prayagraj for allegedly committing offences under Section 3 and Section 25(1B)(a) of the Arms Act, 1959.

On February 12, the bench noted that the minimum sentence for the alleged offences was two years, which may extend to five years. Hence, the HC declared the arrest of the petitioner to be prima facie illegal.

The bench clearly stated that the police action was in violation of the Supreme Court's directions in the recent case of Satendra Kumar Antil vs. Central Bureau of Investigation & Another 2026 LiveLaw (SC) 114.

For context, in the Satendra Antil case, the Supreme Court recently held that no arrest could be made for offences which are punishable with less than 7 years' imprisonment unless the mandatory requirement of serving a notice under Section 35(3) of BNSS is complied with.

Now, given the illegality of the detention, the Court, on the same day, directed the immediate release of the petitioner without waiting for the supply of a certified copy of the order.

However, on February 17, the bench was apprised that although the release order was passed at around 11:00 AM on February 12, the petitioner was released only the next day at around 8:40 AM.

Taking a grim view of the over 20+ hour delay in releasing the petitioner, the Court noted that the conduct of the concerned officers, the SHO and the Sub-Inspector Incharge amounted to contempt of the Supreme Court.

The bench also rejected their unconditional apologies and directed the Commissioner of Police, Prayagraj, to take appropriate action against the errant officers.

Further, on February 25, a bench of Justice Siddharth and Justice Harvir Singh took the Commissioner's personal affidavit on record.

While the bench noted that compensation cannot be granted in a Habeas Corpus petition, it left it open for the petitioner to avail of any other legal remedy available under the law.

Since the petitioner had already been released from jail, the High Court disposed of the habeas corpus petition. However, it asked the Commissioner of Police to take the disciplinary decisions against the erring officers to their logical end.