New Delhi: The Supreme Court on Wednesday (June 25) slammed the Uttar Pradesh jail officials and ordered judicial inquiry into non-release of an alleged forced religious conversion accused on technical grounds despite the bail order and directed the state government to pay an ad hoc monetary compensation of Rupees five lac to him.
The top court on Tuesday took strong exception of non-release of the accused and directed the Director General of Prisons of Uttar Pradesh to appear before it on Wednesday.
The accused, who was granted bail by the apex court on April 29, claimed before the top court that he was not released on bail by the Ghaziabad jail authorities 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.
A bench comprising Justice KV Viswanathan and Justice N Kotiswar Singh, while slamming the jail authorities on Wednesday, directed the State of Uttar Pradesh to pay Rupees five lakh to the accused and report compliance to the top court on June 27.
The bench, which was informed that the accused has been released from jail on Tuesday and an enquiry has been ordered to ascertain the reason behind delay in the release of the accused, directed that the state government that the inquiry be conducted by the principal district and sessions judge, Ghaziabad, and a report be furnished before it.
The top court said that it will see after perusal of the enquiry report if there is any individual responsibility fixed and will also decide if any portion of the cost shall be imposed on any such officers.
The bench noted that the release order had all details and said that it is unfortunate that somebody has to undergo all this in this blistering summer. It further said that the release of the accused on Tuesday itself showed that the jail authorities did not did not need court order to release him and the accused was kept behind bars under hyper technical grounds.
“Each stakeholder was aware as to what the offence was, what the crime number was and what the offence was. The entire incident is unfortunate. Liberty is a very valuable and precious right guaranteed to persons under the constitution. It cannot be taken away on these useless technicalities and we hope no other under-trial or convict languish in jails on such technicalities,” the bench said.
