Madhya Pradesh High Court orders 3 lakh compensation to man illegally detained for 4 years, directs probe
Singh was to be released on September 25, 2009, but he was not released. Neither the court nor the jail authorities requested a modified warrant, as required by Rule 315 of the Criminal Courts Rules and Orders.
The Madhya Pradesh High Court recently directed the State government to pay compensation of Rs. 3 lakh to a man who was illegally detained in jail for almost four years despite completing his sentence in September 2009.
Justice S A Dharmadhikari directed the Registrar (Vigilance) to immediately investigate the matter and report to the Registrar General within two months as to why the modified warrant was not issued by the Court of Additional Sessions Judge, Chhindwara.
Court added that if any person is found to be responsible for the lapse, appropriate legal action may be taken against him.
The Petitioner, Inder Singh is a resident of Village Pathari, District Chhindwara, and an FIR was registered against him for the offence under Section 302 of the IPC.
On March 14, 2005, the trial court sentenced Singh to life imprisonment and a fine of Rs 1,000 under Section 302 of IPC. Singh sought an appeal of his conviction.
On September 25, 2006, the High Court held that the case was one of culpable homicide, not murder, and overturned the conviction under IPC section 302, reducing the sentence to 5 years rigorous imprisonment and imposing a fine of Rs 1,000 under Section 304 of IPC.
Singh was to be released on September 25, 2009, but he was not released. Neither the court nor the jail authorities requested a modified warrant, as required by Rule 315 of the Criminal Courts Rules and Orders.
Singh was released on June 2, 2012, after 3 years, 11 months, and 5 days of illegal detention, following a letter dated May 26, 2012, sent to the Superintendent of the District Jail by Arun Vishwakarma, Advocate Jabalpur, along with a copy of the judgment dated September 25, 2006. The Superintendent then informed the Additional Sessions Judge, Chhindwara after which the modified warrant was issued.
Counsel appearing for Singh submitted that he was shattered by his prolonged illegal detention for no fault of his own, thus approached the High Court seeking compensation from the State Government for a violation of his fundamental right guaranteed under Article 21 of the Indian Constitution.
On Contrary, the counsel for the State blamed the Additional Sessions Judge, Chhindwara that he should have immediately released the warrant upon receiving a copy of the judgment dated September 25, 2006.
It was further claimed that the State government was not responsible for the delay in releasing Singh from jail.
Tabling the observations, the Court held that it is established that Singh was illegally imprisoned for 3 years 11 months 5 days, resulting in a violation of the fundamental right guaranteed under Article 21 of the Indian Constitution, i.e. the protection of life and personal liberty.
Accordingly, Court allowed the petition for compensation and ordered an inquiry into the matter.
Case Title: Inder Singh v. The State of Madhya Pradesh & Ors.