SC slams UP jail authorities for delay in releasing accused on bail; orders judicial probe
Pulling up Uttar Pradesh jail authorities for inordinate delay in releasing an accused granted bail by it on April 29 in a case under the anti-conversion law, the Supreme Court on Wednesday ordered a judicial probe into it and granted an interim compensation of Rs 5 lakh to him.
A Bench of Justices KV Viswanathan and N Kotiswar Singh ordered the Principal District and Sessions Judge, Ghaziabad, to probe into the failure on the part of Ghaziabad district jail authorities to release an accused, who was granted bail in April in a case of alleged forced religious conversion related to a marriage. The accused, Aftab, was released from the district jail in Ghaziabad on June 24 after the top court took strong exception to his predicament caused by the jail authorities.
“We will impose a cost of Rs 5 lakh to be paid to the accused. Now who will pay depends on the inquiry report which will be submitted," it said.
“Liberty is a very valuable and precious right guaranteed to the people by the Constitution. It cannot be bartered away on the altar of technicalities. We only hope that no other convict/under trial is languishing in jail on account of similar technicalities,” it said.
The Bench asked the Principal District and Sessions Judge to also inquire if there was any gross negligence on the part of the prison authorities or other officials in this episode and if there are any Officers who are responsible or was there something sinister behind the lapse.
“After perusal of the inquiry report, in case, if there is any individual responsibility fixed and after the determination of the final compensation, this Court will also decide if any portion of the compensation shall be recovered from such of those officer(s) on whom responsibility, if any, is fixed,” the Bench said, posting the matter for hearing next on June 27 when it will peruse the probe report.
UP Additional Advocate General Garima Prasad informed the court that a probe by DIG, Meerut Range, has already been ordered. However, the Bench chose to substitute it by a judicial probe.
Personal liberty cannot be denied on “useless technicalities" and “irrelevant errors", when the details of the case and the offences are otherwise clear from the bail order… “If you keep people behind bars for this reason, what message are we sending?" it asked.
“When there is no difficulty in identifying the prisoner and offences, nitpicking on court orders and on that pretext not implementing them and keeping the individual behind the bar would be a serious dereliction of duty," the Bench said.
Ghaziabad Jail Superintendent Sita Ram Sharma was personally present in the court while the Director General of Prisons of Uttar Pradesh PC Meena appeared before it through video-conferencing.
The Bench directed Meena to “sensitise his officers about the importance of respecting court’s orders and about the importance of the liberty for an individual which is guaranteed under Article 21 of the Constitution of India.”
On Tuesday, the Bench took strong exception to Aftab’s predicament caused by lapses on the part of prison officials after his counsel claimed that he was not released on bail on grounds that a sub-section of a provision of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, was not mentioned in the bail order.
The Bench had noted after the apex court granted bail to the man on April 29, a trial court in Ghaziabad on May 27 issued a release order to the superintendent jailor to release the accused from custody upon execution of the personal bond, unless liable to be detained in some other matter.
India