The Allahabad High Court ordered Deepak's immediate release from unlawful police custody. The ruling highlighted serious procedural failures and demanded stronger civil liberties training.
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Prayagraj,Oct 16, 2026 22:27 IST
The Allahabad High Court has ordered the immediate release of a man who was unlawfully detained by Uttar Pradesh Police in Noida before his formal arrest, news agency Press Trust of India reported. The court said the police appeared to be acting as a "law unto themselves".
The bench of Justices Atul Sreedharan and Achal Sachdev criticised Noida Assistant Commissioner of Police Kamlesh Kant and investigating officer Anuj Kumar for their lack of knowledge of legal procedures under the BNSS and their casual approach to statutory requirements. It also asked the Uttar Pradesh Director General of Police to prepare better training modules to sensitise officers to civil liberties and the procedures to be followed before an arrest or detention.
In its October 7 judgment, the court allowed a habeas corpus petition challenging the detention of Deepak, a Noida resident. It held that his detention in police custody was unlawful and ordered his immediate release if he was not required in any other case.
"This case reflects the sordid state of affairs prevailing in the Uttar Pradesh Police," the court observed.
"Repeatedly, cases have come before this court in which the strict requirements of law, both procedural and substantive have not been adhered to in letter and spirit. Documents appear to have been prepared and executed as a mere formality, replete with errors that raise serious doubts about the legality of the detention and arrest of the petitioner and others similarly situated," it added.
According to the case details reported by PTI, violence broke out between two groups on August 23, 2026. Police records showed that Deepak and four others were taken into custody at 7.34 pm that day.
An FIR under relevant sections was registered at 9.39 pm on the basis of a written report. Deepak was formally shown as arrested in the case at 2.57 pm on August 24. However, it was undisputed that he was already in police custody before the FIR was registered.
The bench said there was a strong initial indication that the relevant document had been filled in later. It said Deepak's signature appeared to have been obtained on a blank sheet that was countersigned by investigating officer Anuj Kumar, leaving the section for the grounds of arrest blank to be completed later.
The state argued that the situation was tense and a crowd was present, prompting the police to act in good faith to prevent an escalation. The court, however, said this did not free the police from their legal obligations.
"It is for the police to understand that all the provisions in the Cr.P.C./BNSS providing protection to a person sought to be detained arise from the constitutional protection guaranteed under Article 22(1)," the court said.
The court also directed that its observations expressing displeasure against ACP Kamlesh Kant and investigating officer Anuj Kumar be entered in their respective service books. It reiterated that Deepak's detention was unlawful and ordered his release unless he was required in another case.
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