21 January 2026 – The High Court of Chhattisgarh has quashed criminal proceedings against a Bhilai-based hotel owner and directed the State of Chhattisgarh to pay ₹1 lakh as compensation, holding that his arrest and detention were illegal and in violation of constitutional safeguards.
A Division Bench headed by Chief Justice Ramesh Sinha found that the police acted in clear breach of statutory requirements under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and disregarded the protections guaranteed under Articles 21 and 22(1) of the Constitution. The court set aside the preventive proceedings initiated against Akash Kumar Sahu, a law student and proprietor of a duly licensed hotel in Bhilai, and criticised both the police authorities and the magistrate for a mechanical exercise of power.
The matter stemmed from an incident on September 8, 2025, when police personnel visited Sahu’s hotel during an inquiry linked to a missing person complaint. Despite no FIR being registered against him for any cognisable offence, Sahu was taken into custody under preventive provisions of the BNSS and subsequently remanded to judicial custody. He alleged custodial assault, public humiliation, and that he was never informed of the grounds of his arrest.
On a close scrutiny of the record, the High Court noted that the arrest was not connected to any substantive offence and was based only on alleged suspicion of disturbance. It held that the police failed to issue the mandatory notice of appearance, did not communicate the grounds of arrest to the petitioner, and resorted to incarceration even though less intrusive measures were available. The Bench also faulted the Sub-Divisional Magistrate for remanding Sahu to jail without examining whether any offence was made out or whether custody was necessary.
Referring to Supreme Court rulings in Arnesh Kumar and D.K. Basu, the court reiterated that preventive arrest powers cannot be used as a punitive tool and that liberty with dignity forms the core of Article 21. It concluded that the petitioner had suffered serious mental, emotional, and reputational harm due to unlawful detention.
The State has been directed to pay compensation of ₹1 lakh within four weeks, failing which interest will be payable. While the amount is to be paid by the State in the first instance, the court clarified that the government is free to recover it from the erring officials after due inquiry. The judgment also urged the authorities to sensitise police personnel and ensure accountability to prevent similar violations in the future.
Case Title: WPCR No. 553 of 2025, Akash Kumar Sahu v. State of Chhattisgarh
Counsel Appearances: For the Petitioner – Mr. Dhiraj Kumar Wankhede, Advocate; for the Respondents – Mr. Vivek Sharma, Advocate General, and Mr. Praveen Das, Additional Advocate General.