SC slams UP over illegal detention, orders Rs 5 lakh compensation for delay in bail release

The Supreme Court today directed the Uttar Pradesh government to pay Rs 5 lakh as ad hoc compensation to a man who was kept behind bars for 28 days despite a clear bail order from the apex court.

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The delay, caused by what the authorities called a “clerical error,” the omission of a sub-section in the bail order was termed by the court as a gross violation of the constitutional right to liberty.

A bench of justices KV Viswanathan and NK Singh was hearing a habeas corpus matter after it emerged that the Ghaziabad jail authorities had failed to release an accused despite a Supreme Court order passed on April 29 and a formal release order dated May 27.

The man, arrested under Section 366 of the IPC and Sections 3 and 5(i) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, remained in custody till June 24. The authorities cited that the bail order mentioned “Section 5” without the sub-clause “(i)” as the reason for not executing the release.

Justice Viswanathan remarked sharply, “Liberty is a very valuable and precious right guaranteed to a person. It cannot be bartered on these useless technicalities. When this court has given a valid order granting liberty, how can that be taken away?”

In scathing observations directed at the jail officials and the state administration, the court said, “Is the omission of a sub-section a valid ground to keep someone in custody? What message are we sending if we keep people behind bars despite clear judicial orders?”