The Allahabad High Court has delivered a scathing indictment of the civil liberties situation in Uttar Pradesh, describing it as “shameful” and noting that the state police exhibit “little regard” for the fundamental rights of citizens. The strong observations came during the hearing of a habeas corpus petition concerning alleged unlawful detention.
Information was available with The Chenab Times indicating that the court expressed deep concern over the recurring excuse of malfunctioning CCTV cameras whenever footage is sought in legal proceedings. The bench noted that such excuses are often used to “obfuscate the truth maliciously” and suggested that a petitioner’s assertion of unlawful detention should be accepted if CCTV evidence is deliberately withheld.
A division bench, comprising Justice Atul Sreedharan and Justice Achal Sachdev, allowed a habeas corpus writ petition filed on behalf of Aausad Ahmad, a resident of Bijnor. The court ordered Ahmad’s immediate release unless he was required in any other case. Furthermore, the state was directed to pay Rs 20,000 in costs to Ahmad within seven days.
The court’s judgment highlighted a pattern of behavior where police appear to routinely infringe upon the fundamental rights and civil liberties of individuals. The bench emphasized that the police cannot rely on the excuse of CCTV malfunctioning when faced with allegations of unlawful detention.
The petitioner, Ausad Ahmad, alleged that he was taken into custody by the Bijnor police on September 5, 2026, but his formal arrest was registered only two days later, on September 7, 2026. According to the habeas corpus petition, filed by Ahmad’s daughter, police personnel and Special Operations Group (SOG) officials in civilian attire forcibly apprehended her father outside the Nangal police station in Bijnor.
The petition stated that Ahmad and his daughter had gone to the police station after being summoned in connection with a honeytrap case registered against Ahmad. Upon reaching the vicinity of the police station in their vehicle around 2:30 pm on September 5, 2026, a car reportedly entered the premises near the police station gate. Four individuals emerged from this vehicle, surrounded Ahmad’s car, and subsequently took him away forcefully.
In an effort to verify these claims, the High Court had previously mandated the state to produce CCTV recordings from the police station premises, covering the period from 1:00 pm on September 5 to 10:00 am on September 7. However, the state informed the court that the requested CCTV footage was unavailable.
The state’s explanation for the missing footage cited a general diary entry from September 5, which attributed the malfunction to a thunderstorm. According to the entry, water had allegedly trickled into the CCTV system through rain cables, causing it to cease functioning. This explanation was met with significant skepticism by the court.
The bench took a serious view of this recurring issue, observing, “In case after case, whenever CCTV footage is called for by this court, in a majority of cases, it is the same report which comes stating that CCTV footage is not available on account of one reason or the other.” The court reiterated that such explanations for non-compliance with court orders would be deemed sufficient grounds to accept the petitioner’s claim of unlawful detention and the deliberate withholding of evidence.
The judgment, dated November 3, also specifically addressed the conduct of the Station House Officer (SHO) of Nangal police station, Anoo Kumari. The court noted that she had deliberately failed to provide the relevant CCTV footage that could have aided in deciding the case. Expressing its strong displeasure, the court directed that this failure be recorded in her service records.
Furthermore, the High Court suggested that the state government should reconsider her continuation in her current post, implying a loss of confidence in her ability to perform her duties impartially and effectively. The court’s pronouncements underscore a critical need for accountability and adherence to constitutional safeguards within the state’s law enforcement agencies.
The Chenab Times News Desk
