The Allahabad High Court (Lucknow Bench) on Friday summoned Uttar Pradesh Principal Secretary Home Sanjay Prasad to appear in person in a contempt application alleging non-compliance with a Division Bench judgment directing payment of compensation in a custodial death case and framing of guidelines for awarding compensation in such cases

Dealing with the contempt plea, a bench of Justice Saurabh Lavania observed that the State had failed to comply with two key directions issued by the Division Bench in its judgment dated February 20 2026.

The Court noted that the State had not paid the entire 10 lakh compensation to the legal heirs of the deceased. It further found that the guidelines directed to be framed pursuant to paragraph 23 of the Division Bench judgment for awarding compensation in custodial death cases had not been framed till date.

The Court observed thus:

"Thus, this Court is of the view that the Officer concerned is liable to be punished in terms of Section 12 of the Act of 1971 and therefore presence of the Officer concerned namely Sri Sanjay Prasad, Principal Secretary, Home Department, Govt. of U.P., Civil Secretariat, Lucknow is required before this Court on the next date fixed..."

The matter is listed for July 31 for further proceedings, which include framing of charges.

It may be noted that the contempt proceedings have been initiated by a woman (Prema Devi) under Section 12 of the Contempt of Courts Act, 1971, over the violation of the HC's February 2026 order in Prema Devi vs State of UP Thru its Prin Secy Home Deptt Lko and 5 others 2026 LiveLaw AB 91.

In this case, the High Court had ruled that the State is absolutely liable for the unnatural death of a prisoner in its custody even if the death is a patently unnatural suicide.

A Bench of Justice Shekhar B Saraf and Justice Manjive Shukla ruled that the right to life and human dignity guaranteed under Article 21 of the Constitution of India is an intrinsic inviolable, and omnipresent right extended even to an individual who is illegally arrested and detained by the State.

Furthermore, the Bench had described custodial torture as a naked violation of human dignity and observed that custodial violence and deaths strike the very core of the rule of law.

Allowing the writ petition, the Division Bench had directed the State to pay 10 lakh to the deceased's legal heirs within 3 weeks.

The bench had also asked the UP Government to adopt relevant and cogent parameters for awarding compensation in custodial death cases akin to the multiplier method based on age, income, and dependents as available under the Motor Vehicles Act, 1988.

While hearing the contempt application, Justice Lavania found that neither of these directions had been fully complied with. Therefore, the Court has now required the personal presence of the Principal Secretary, Home, for further proceedings in the matter.