Lucknow, July 2026: The Lucknow Bench of the Allahabad High Court, while hearing a Habeas Corpus Petition, expressed serious concern after the alleged detenue admitted before the Court that he had, in fact, been released from a Magistrate Court, contrary to the pleadings made in the habeas corpus petition.
The matter came up pursuant to the Court's earlier order, where officials from Police Station Fakherpur, District Bahraich, appeared in person. The State informed the Court that the petitioner's husband had already been released on 23 June and that efforts had been made to contact the petitioner for producing him before the Court. According to the State, when direct contact could not be established, a notice was pasted at the petitioner's residence requiring his appearance.
During the hearing, the petitioner's husband, Mohd. Sultan, was produced before the Court after police officials facilitated his entry into the court premises. Initially, he alleged that he had been illegally detained from 22 June 2026 until 30 June 2026, claiming that he was released only after the High Court passed its earlier order.
However, the police disputed this assertion, stating that Mohd. Sultan had been arrested on the evening of 22 June 2026, produced before the Executive Magistrate at Kaiserganj on 23 June 2026, and released the same day after furnishing the required bonds and sureties. To support this contention, the police produced CCTV footage from the court premises.
After examining the CCTV footage, the High Court observed that it showed Mohd. Sultan leaving the court premises with his family members, including a woman identified as his wife, the petitioner. On being questioned again, Mohd. Sultan ultimately admitted that he had indeed been released on 23 June 2026 and had left the court with his wife. He explained that he had remained away because he feared an alleged police encounter.
The detenue also alleged before the Court that he had been assaulted by the police while in custody and requested that CCTV footage from the relevant police outpost be examined to verify his allegations. The Court noted that no such allegations of assault had been pleaded in the habeas corpus petition.
Taking note of the contradictory statements, the High Court observed that the petitioner appeared to have approached the Court with incorrect and false pleadings regarding the alleged illegal detention. While observing that the case was fit for dismissal with heavy costs, the Court decided to first verify the allegations of custodial assault.
The Court accordingly directed the State to produce CCTV footage of Police Chowki Kundaser, Police Station Fakherpur, covering the period from 1:30 p.m. to 4:00 p.m. on 22 June 2026. However, the Sub-Inspector informed the Court that although CCTV cameras were installed at the police outpost, they had not been functioning for a considerable period.
In view of this disclosure, the High Court directed the Senior Superintendent of Police, Bahraich, to file a personal affidavit explaining why the CCTV system at the concerned police outpost was non-functional. The SSP has also been directed to conduct an inquiry into the allegations of custodial assault made by Mohd. Sultan and submit a report before the Court.
The matter has been listed for further hearing on 21 July 2026, with the Court directing both the petitioner and her husband to remain personally present to explain the false averments made in the petition, after which the issue of imposing costs on the petitioner will be considered.
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