In a significant judgment aimed at protecting the fundamental rights of citizens, the Lucknow Bench of the Allahabad High Court has ruled that arresting a person based on "mistaken identity" is a gross violation of Article 21 of the Constitution of India. The Court emphasized that the right to life and personal liberty is the most precious right of a human being, and it cannot be snatched away by the police through negligence or a "mechanical" approach to arrests.
The Single Judge Bench of Justice Tej Pratap Tiwari quashed the entire criminal proceedings against two individuals who were wrongly arrested by the Uttar Pradesh Police. The Court observed that the police had failed to verify the actual identity of the accused before making the arrests, leading to the illegal detention of innocent people.
The High Court was hearing two separate petitions filed under Section 482 of the Code of Criminal Procedure (CrPC). While the cases were different, the core issue was identical: the UP Police had arrested the wrong people because they shared names or similar details with the actual criminals, without bothering to check further details like parentage or address.
Case 1: The Identity Mix-up Over a 20-Year-Old Fraud Case
The first matter involved Om Prakash Vishwakarma. He was arrested in connection with a case registered way back in 2004 involving allegations of fraud (Section 420 IPC), intentional insult (Section 504), and criminal intimidation (Section 506).
The allegation in the original FIR was that a man named "Om Prakash" had tricked an illiterate woman into signing a sale deed (Bainama) and then used that document to take a loan of ₹1,00,000 from a bank.
When the police went to execute a Non-Bailable Warrant (NBW), they picked up the applicant. However, the applicant argued that:
- He was a clerk, not the owner of the firm involved in the fraud.
- Most importantly, while his father’s name matched the name in the police records, his mother’s name was "Ramrati," whereas the actual accused’s mother was "Bhagauti Devi."
The State’s lawyer admitted in court that this was indeed a "factual mistake." The police had simply looked at the father’s name and the first name and made the arrest without verifying the mother’s name or other family details.
Case 2: The Wrongful Arrest in a Rape and Conversion Case
The second case involved Mohd. Azeem Idrishi, who was facing extremely serious allegations, including rape, extortion, and unlawful religious conversion under the UP Prohibition of Unlawful Conversion of Religion Act.
Despite the sensitivity and seriousness of these charges, the High Court found that the police had acted in a "mechanical manner," failing to ensure that the man they were putting behind bars was actually the person named in the investigation.
Justice Tej Pratap Tiwari expressed deep concern over how the police departments handle warrants and arrests. The Court noted that in both instances, the arrests were not based on evidence of involvement but on a "factual error" that could have been easily avoided with basic due diligence.
1. Violation of Article 21 The Court stated that the deprivation of a person's liberty due to mistaken identity strikes at the very root of the guarantee provided by Article 21. Article 21 of the Indian Constitution says: "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Court made it clear that "mistake" is not a valid legal procedure for taking away someone's freedom.
2. The Harm to Reputation Referring to the landmark Supreme Court judgment in Joginder Kumar vs. State of UP (1994), Justice Tiwari reminded the police that just because they have the power to arrest doesn't mean they must arrest. The Court observed: