Asserting that an individual’s liberty isn’t a trivial matter, the Supreme Court has ordered the Rajasthan Government to pay compensation of Rs 11 lakh to a convict who remained in jail for 24 days despite the High Court’s order for his release on parole.
“We are of the considered view that the appellant is entitled to compensation for the twenty-four days of illegal custody suffered by him at the hands of the respondent State. The liberty of an individual is not a trivial matter,” a Bench of Justice Sanjay Karol and Justice AG Masih said.
Writing the judgment for the Bench, Justice Karol said, “The State cannot continue curtailing the same in the face of a court order, on account of its slow bureaucratic processes of taking decisions whether to file appeals in a particular matter or not. If such a view is agreed to by us, it would amount to the liberty of a person being subject to the decision whether or not to file an appeal, which is purely an administrative call. That cannot be countenanced.”
“Once the detainee has been ordered to be released, the same has to be followed no matter what. The only scenario in which it would not be so done was if a superior court had granted a stay in the matter. Just because a person has been convicted does not mean that his rights weigh less on the scales of justice. We say so for the reason that the due process of verification of sureties had already taken place and despite the same, there is an unexplained delay,” it said.
Noting that official processes did require some time, the Bench said, “…it is incumbent upon the State to ensure its processes do not negatively impact an individual who has secured his liberty.”
Convicted and sentenced to four years’ rigorous imprisonment by a trial court in 1988 in a 1967 case of unlawful assembly, house trespass and culpable homicide not amounting to murder, petitioner Daudayal sought permanent parole in 2023.
As prison authorities refused to grant him parole, he moved the Rajasthan High Court and a single-judge Bench ordered his release on parole on certain conditions on November 5, 2024.
Daudayal complied with the HC-imposed conditions and his sureties were verified on November 13, 2024; he was not released from prison, forcing him to approach a Division Bench, which finally ordered his immediate release on December 6, 2024.
Following his release, Daudayal moved the Supreme Court seeking compensation for loss of his personal liberty caused by his non-release from jail despite the high court’s order granting him parole.
“We award compensation to the tune of Rs.11,00,000 (Eleven lakhs only). Amount to be deposited directly into the bank account of the appellant, details of which shall be furnished by the learned counsel for the appellant to the learned counsel for the State,” the top court said, allowing his petition.
