Chhattisgarh High Court quashes preventive arrest without FIR, holds detention illegal, and orders Rs.1 lakh compensation to Bhilai hotel owner

News Citation : 2026 LN (HC) 62 | 2026:CGHC:3546-DB

Bilaspur, January 21, 2026 : The High Court of Chhattisgarh has set aside criminal proceedings against a Bhilai-based hotel owner and directed the Chhattisgarh government to pay him ₹1 lakh as compensation, holding that his arrest and detention were illegal and violated constitutional safeguards.

A Division Bench headed by Chief Justice Ramesh Sinha ruled that the police acted in clear breach of statutory requirements under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and fundamental rights guaranteed under Articles 21 and 22(1) of the Constitution. The court quashed the preventive proceedings initiated against Akash Kumar Sahu, a law student and owner of a licensed hotel in Bhilai, and criticised both the police and the magistrate for a “mechanical” exercise of power.

The case arose from an incident on September 8, 2025, when local police visited Sahu’s hotel during an inquiry related to a missing person complaint. Although no FIR was registered against him for any cognisable offence, Sahu was taken into custody under preventive provisions of the BNSS and later remanded to judicial custody. He alleged custodial assault, humiliation, and that he was never informed of the grounds of his arrest.

After examining the record, the court found that the arrest was not linked to any substantive offence and was based only on alleged suspicion of disturbance. It noted that the police failed to issue a mandatory notice of appearance, did not inform the petitioner of the grounds of arrest, and resorted to incarceration despite less intrusive options being available. The bench also faulted the Sub-Divisional Magistrate for remanding Sahu to jail without verifying whether any offence existed or whether custody was necessary.

Relying on Supreme Court precedents, including Arnesh Kumar and D.K. Basu, the High Court underscored that preventive arrest powers cannot be used punitively and that liberty with dignity lies at the heart of Article 21. It held that the petitioner had suffered mental, emotional, and reputational harm due to illegal detention.

The State has been directed to pay ₹1 lakh within four weeks, with interest applicable in case of delay, while retaining the right to recover the amount from erring officials after due inquiry. The judgment also called on the government to sensitise police personnel and enforce accountability to prevent similar violations in the future.

Case Reference : WPCR No. 553 of 2025, Akash Kumar Sahu vs State of Chhattisgarh; Counsels: For the Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate; For the Respondents : Mr. Vivek Sharma, Advocate General, and Mr. Praveen Das, Additional Advocate General.