Court Raises Concern Over Misuse of Magisterial Powers in Commissionerate System

The Allahabad High Court has expressed serious displeasure over the alleged misuse of magisterial powers in the Prayagraj Police Commissionerate system and has imposed a compensation of ₹2 lakh for keeping a man in illegal judicial custody for eight days. The court observed that after the introduction of magisterial powers in the commissionerate system, their improper use appears to have increased, affecting the liberty of ordinary citizens.

 

A division bench of Justice Siddharth and Justice Vinay Kumar Dwivedi made the observation while hearing a habeas corpus petition filed by Khiri resident Mansoor Ahmad alias Lallu. The case related to the detention of the petitioner’s wife.

 

According to the petition, on the night of March 19, at around 12:50 a.m., police personnel from Khiri police station allegedly took the woman from her house without informing her of any reason. When her husband asked the police about the reason for her detention, he was allegedly pushed and removed from the spot. The woman’s son, Shahrukh Khan, later filed a complaint through a lawyer on the Chief Minister’s portal.

 

The matter came to light after the woman was produced before the Assistant Commissioner of Police on March 23, four days after being picked up. The state government stated that the woman had abused people in the village, creating fear and apprehension of breach of peace, and when police tried to stop her, she became violent.

 

The woman was taken into custody under Sections 170, 126 and 135 of the Bharatiya Nagarik Suraksha Sanhita. Since she could not furnish bail before the Assistant Commissioner of Police on March 19, she was sent to judicial custody. She was later granted personal bond on March 27, after which she was released.

 

The court took serious note of the entire matter and held that the woman had been kept in illegal judicial custody for eight days. Treating this as a violation of her liberty, the court directed the state government to pay compensation of ₹25,000 per day, amounting to a total of ₹2 lakh, within six weeks. The court further directed that the amount may later be recovered from the salary of the concerned ACP.

 

The High Court also directed that a departmental inquiry against the ACP be completed within three months.

 

During the hearing, the bench referred to an earlier case from Ghaziabad Commissionerate, where misuse of powers by a police commissioner had also come before the court. The bench further examined a report of the Chief Judicial Magistrate, Prayagraj, which stated that in 2024, as many as 283 people, in 2025, 1,321 people, and in 2026 so far, 721 people had been sent to jail for periods ranging from one week to 20 days.

 

The court described these figures as alarming and said they indicate that custody is being used like punishment. It directed the Police Commissioner to ensure compliance with the court’s order and submit an action-taken report by September 14, 2026. The court warned that if the order is not complied with, the Police Commissioner will have to personally appear before the court on the next date of hearing.