Priya Gour

Published on: 09 August, 2022 at 18:43  IST

The Madhya Pradesh High Court Bench of Justice Sushrut Arvind Dharmadhikari while hearing a petition on illegal detention, directed the state to pay compensation for illegal detention of almost four years.

An FIR was registered against the petitioner under Section 302  of the Penal Code, 1860 (IPC), after which he was sentenced to rigorous imprisonment for life and fine in 2005. However, following an appeal, his conviction was modified under Section 304 of the IPC where he was sentenced to 5 years rigorous imprisonment and fine. His conviction under section 302 was set aside by the court in 2006.

The petitioner was to be released on 25-09-2009 however, this did not happen. Also, the Court did not issue any modified warrant under Rule 315 of the Criminal Courts Rules and Orders nor any release orders. There was no effort by the jail authorities in this regard. The release was made after almost 3 years 11 months of illegal detention in 2012. 

The petitioner’s counsel submitted that the petitioner has suffered adversely due to the illega1 detention. It was also clarified that the detention has been illegal without any doubt, even after the reduction of his sentence.

Counsel for the defended argued that under Rule 315 (2) of the Criminal Courts Rules and Orders read with Rule 768 of the Jail Manual, the responsibility falls upon the court to issue release orders.

The Court held that the illegal detention of the petitioner for almost four years was in violation of his fundamental right of life and personal liberty, under Article 21 of the Constitution. Reference was made by the court of Pooran Singh v. State of M.P. case where it was established that:

the defence of sovereign immunity is not available when the State or its officers, acting in the course of employment, infringe a person’s fundamental right of life and personal liberty as guaranteed by Article 21 of the Constitution of India and the State can be directed in a writ jurisdiction under Article 32 and 226 to repair the damage done to the victim by paying appropriate compensation.’’

Therefore, the Court held the detention illegal.

Henceforth, State has been directed by the court to pay the petitioner a compensation of Rs.3 lakhs within 2 months. Also, the Registrar (Vigilance), Madhya Pradesh High Court, Jabalpur has been directed to immediately hold an inquiry and submit a report within two months to the Registrar General as to why the modified warrant was not issued from the Court of First Additional Sessions Judge. 

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