On Wednesday, the Supreme Court directed harsh words on the Uttar Pradesh jail officials for the inexcusable delay in granting bail to an accused granted bail almost two months ago. On April 29, the apex court granted bail to the accused in a case registered under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Even after the order on the 8th of June, the accused was under detention in the Ghaziabad district jail till June 24.
A bench of Justice K V Viswanathan and N Kotiswar Singh took a dim view of the lapse and put cross-questions to the Director General of the Prisons, Uttar Pradesh, who appeared before the court through a video conference. What will you do to sensitise your officers to this effect, submitted the bench, as such breaches constitute direct contravention of the right to liberty under Article 21 of the Constitution.
The bench said, liberty is a very valuable and precious right as guaranteed under the Constitution, which has to be upheld in the working of the justice system.
Noting the delay seriously, the court asked the Uttar Pradesh government to compensate the accused to the tune of 5 lakh in terms of ad hoc monetary compensation. The court said that the compensation was an acknowledgement of the unfair suffering and unjust incarceration of the person.
The bench also directed that an elaborate enquiry be carried out by the Principal District and Sessions Judge of the town of Ghaziabad to enquire into the reason that occasioned the delay. It has to be reported to the highest court.
The issue was highlighted after the accused persons argued that they had not been released due to technical reasons, such as the failure to insert a sub-section in the bail order. It was not acted upon fast, even after the release order was issued by the trial court on May 27, a few weeks after the bail was approved by the Supreme Court.
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