The Allahabad High Court has held that Kamlesh Kumar was kept in illegal police custody from August 15 to August 19, 2026, before being produced before a Magistrate. The Court directed his immediate release, subject to the condition that he was not required in any other case, and ordered the State to pay him Rs 50,000 as compensation.
A Division Bench comprising Justice Atul Sreedharan and Justice Achal Sachdev passed the order in a habeas corpus petition concerning the alleged unlawful detention.
Background
The case arose after a neighbour of the petitioner, with whom he had a property dispute, alleged that he was a citizen of Bangladesh and approached the police with the allegation. The police subsequently conducted an inquiry into the petitioner's nationality through the Assistant Commissioner of Police, Meja. The inquiry report dated June 27, 2026 recorded the allegations concerning his nationality.
Following the inquiry, Case Crime No. 429 of 2026 was registered at Meja Police Station under Sections 318(4), 336(3), 338, 340(2) and 351(3) of the Bharatiya Nyaya Sanhita, Sections 21 and 22 of the Immigration and Foreigners Act, 2025, and Section 12 of the Passport Act, 1967. Meanwhile, the petitioner alleged before the High Court that two armed policemen had taken him from his medical shop on August 15, 2026.
During the inquiry into the alleged detention, the Deputy Commissioner of Police stated that records and CCTV footage showed that the petitioner was taken from his shop by Meja police on August 15 and remained in police custody until he was sent to jail on August 19. The police later showed his arrest as having taken place on August 19, when he was produced before the Magistrate. The High Court clarified that it was not examining the merits of the criminal case but was concerned specifically with whether the petitioner had been unlawfully detained during this period.
The Station House Officer explained that he had instructed two constables to ask the petitioner to report to the police station, but the constables allegedly misunderstood the instruction and took him with them.
The Court, however, noted that the police records showed that the petitioner remained in custody from August 15, while his arrest was officially shown on August 19. The Bench observed:
"In view of the above, this Court unhesitatingly holds that the petitioner was held in illegal custody from 15.08.2026 till he was produced before the Magistrate and sent to judicial remand on 19.08.2026."
The High Court held that the petitioner's continued incarceration amounted to unlawful custody and directed that he be released forthwith if he was not wanted in another case. The Court clarified that the State could arrest him in accordance with law if his custody was considered necessary.
The Bench also directed the State to pay Rs 50,000 as compensation for the illegal detention, with the amount to be recovered from those found responsible after due inquiry.
The Court directed that the compensation be paid immediately and that responsibility for recovery be determined through the disciplinary inquiry within three months. The habeas corpus petition was accordingly disposed of.
Case Title: Kamlesh Kumar (Corpus) And Another v. State Of U.P. And 2 Others
Case Number: Habeas Corpus Writ Petition No. 1222 of 2026
Bench: Justice Atul Sreedharan and Justice Achal Sachdev
Decision Date: September 18, 2026
