Mistaken Identity Arrests Unlawful, Violative of Article 21: Allahabad High Court Orders Action Against Police
The Allahabad High Court (Lucknow Bench) recently delivered a strong message to the Uttar Pradesh Police, stating that arresting a person due to mistaken identity is a direct violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty.
Justice Tej Pratap Tiwari quashed criminal proceedings against two individuals who were wrongly arrested in separate cases without proper verification of their identity.
What Did the Court Say?
The Court clearly observed that depriving a person of liberty due to a factual mistake is unacceptable in law. Such actions strike at the very foundation of Article 21.
The Judge emphasised that police officers cannot make arrests mechanically or casually. Arrest must be justified and based on proper verification.
The Court relied on the landmark Supreme Court judgment in Joginder Kumar vs. State of U.P. (1994), which held that:
“No arrest can be made merely because it is lawful for the police officer to do so.”
The High Court also remarked that arrest and detention can cause serious damage to a person’s reputation and self-respect.
Case 1: Fraud Case – Wrong “Om Prakash” Arrested
The first case involved Om Prakash Vishwakarma, who was arrested in connection with a 2004 fraud case under Sections 420, 504 and 506 IPC.
The allegation was that an accused named “Om Prakash” had fraudulently obtained a sale deed from an illiterate woman and used it to secure a bank loan.
However:
- The applicant was only a clerk.
- The real accused was allegedly the son of “Bhagauti Devi”.
- The applicant’s mother’s name was “Ramrati”, not Bhagauti Devi.
- His father’s name matched that of the accused, which led to confusion.
The State counsel admitted before the Court that it was a factual mistake. The police had relied on incomplete information while executing a non-bailable warrant.
Case 2: Rape and Conversion Case – Identity Not Verified
The second case involved Mohd. Azeem Idrishi, who was arrested in a 2024 case involving allegations of rape, extortion and unlawful religious conversion.
The Court found that the arrest was made without properly verifying whether he was the actual accused. The mistake again arose from non-verification of identity.
Strong Directions to Police Authorities
While allowing the petitions filed under Section 482 CrPC, the Court:
- Quashed the cognisance orders.
- Set aside all criminal proceedings against both applicants.
- Directed the Police Commissioner, Lucknow and SP, Sitapur to take appropriate action against the negligent officials.
- Ordered submission of a compliance report within two months.
The applicants were also given liberty to seek further relief under Article 226 of the Constitution.
Why This Judgment Matters
This ruling reinforces three important principles:
- Personal liberty is supreme under Article 21.
- Arrest is not a routine formality.
- Police negligence cannot be excused as a simple mistake.
The judgment sends a clear message that wrongful arrest due to mistaken identity is not a minor error—it is a constitutional violation.
