Gujarat man kept in jail for 3 years after officials fail to 'notice' email containing bail order
HC orders compensation of Rs. 1 lakh for victim
Ahmedabad: The Gujarat High Court has issued a directive instructing the state government to compensate a man who was wrongfully imprisoned for nearly three years, despite a court order suspending his sentence and granting him bail in September 2020.
The court ruled that the state should provide Rs. 1,00,000 as compensation to the applicant and urged the District Legal Services Authorities (DLSAs) to identify similar cases of delayed release.
Justices A. S. Supehia and M. R. Mengdey, presiding over the case, described it as an "eye-opener." They noted, "Considering the plight of the applicant, who has remained in jail despite the order of this Court due to the negligence on the part of the jail authorities, though he has already been released yesterday, we are inclined to grant compensation for his illegal incarceration in the jail for almost three years."
The applicant, a 27-year-old man, had already spent more than five years in prison as per jail records. Consequently, the court deemed it necessary to compensate him for the negligence of the jail authorities, which had led to his wrongful detention.
The case came to light when the convict filed an application for regular bail through jail on August 5, 2023. This application was forwarded to the court by the Deputy Superintendent of Ahmedabad Central Jail. However, during the subsequent court hearing, Advocate Soni, representing the convict, pointed out a prior order related to a Criminal Misc. Application for the suspension of the sentence in the same appeal. It was revealed that the court had already granted the applicant regular bail by suspending his sentence under Section 389 of the Code of Criminal Procedure, 1973.
To investigate why the applicant remained in jail despite the court's order, the court ordered the matter to be listed the following day. The Assistant Public Prosecutor (APP) was tasked with determining the reasons behind the applicant's continued incarceration despite the court's previous order. The court also instructed the Registry to provide details about the communication of the order dated September 29, 2020, which had granted the applicant regular bail.
According to the Superintendent of Jail, after the order was passed by the court to release the applicant on regular bail upon furnishing a personal bond of Rs. 20,000 and two sureties, the Registry sent an email to the Sessions Court in Mehsana and Ahmedabad Central Jail. However, due to the COVID-19 pandemic, the jail authorities did not notice the email, and the court's order was not implemented. Additionally, the applicant's advocate, Mr. Soni, was not informed of the order, and it was only during the listing of the present application that the jail authorities became aware of the court's decision.
The court determined that the facts of the case revealed negligence on the part of the jail authorities. It was noted that the applicant had been released on temporary bail and furlough on several occasions during his incarceration, and he could have enjoyed his freedom if not for the oversight of the jail authorities.
Drawing attention to directions issued by the Supreme Court related to the release of undertrial prisoners and convicts who have obtained bail but are not released, the court noted that the Apex Court is still examining the matter. However, the directions issued are intended for the welfare of prisoners and convicts who have been granted bail but remain incarcerated.
In light of the present case, the court emphasized that the Court's Registry had informed the jail authorities about the order for the applicant's release on regular bail. The issue was not the receipt of the email by the jail authorities but their inability to open the attachment due to the COVID-19 pandemic. Furthermore, no efforts had been made to ensure the implementation of the Division Bench's order for the convict's release, even though the order had been issued on September 29, 2020, and the convict was only released on September 21, 2023.
The court expressed disappointment in the District Legal Services Authority (DLSA) for failing to bring the order to the attention of the jail authorities.
To address such issues comprehensively, the court directed all the DLSAs to collect data on undertrial prisoners and convicts in similar situations—those who have been granted bail but remain in detention. The DLSAs are tasked with gathering reasons for their continued incarceration, whether due to a lack of surety, non-execution of jail bonds, or any other reasons.
The court scheduled a follow-up hearing for October 18, 2023, to ensure compliance with these directions, including the potential payment of compensation to the applicant.
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Doctor, his teenage daughter test positive for Zika virus infection in Pune
Pune, Jun 26: A 46-year-old doctor and his teenage daughter have tested positive for Zika virus infection in Pune city of Maharashtra, but their health condition is stable, an official said on Wednesday.
The man recently developed symptoms like fever and rashes, following which he was admitted to a private hospital. The medical facility sent his blood samples to the city-based National Institute of Virology (NIV) for analysis. On June 21, his reports confirmed that he tested positive for Zika virus infection, a health official of the Pune Municipal Corporation (PMC) said.
The doctor is a resident of Erandwane area of the city, he said.
"After he tested positive, the blood samples of his five family members were collected and sent for analysis, and it was found that his 15-year-old daughter was also positive for the infection," the official added.
The Zika virus disease is transmitted through the bite of an infected Aedes mosquito, which is also known to transmit infections like dengue and chikungunya. The virus was first identified in Uganda in 1947.
After these two cases were reported in the city, the PMC's health department has started conducting surveillance, the official said.
Although no other suspected cases have been found in the area, the authorities have started taking precautionary steps like fogging and fumigation to curb the breeding of mosquitoes, he said.
"The mosquito samples have been collected by the state health department. We have started the general public awareness in the area and given instructions to monitor the health of pregnant women in the area. Zika does not lead to serious complications in general, but in case a pregnant woman gets infected, it may cause microcephaly in the foetus," he said.
