HC slams Jail Authorities for illegal confinement of a man for eight months because his middle name was missing

Team SoOLEGAL 30 Dec 2020 4:35pm

HC slams Jail Authorities for illegal confinement of a man for eight months because his middle name was missing

Due to illegal confinement of the petitioner, the Allahabad High Court had reprimanded the superintendent of district jail. Although the petitioner had granted bail by the High Court but still he was kept in an illegal confinement for 8 months by the superintendent of district jail only because his last name was not mentioned in the bail order. Justice JJ Munir was hearing the petition and had warned the jail authorities to be careful in future regarding releasing of the applicants on bail orders.

The Court was of the view that, as in the bail rejection order the mane of the applicant is mentioned as Vinod Baruaar hence, it is not at all necessary to mention his middle name Kumar in the bail order to make it effectual. Such a trifling of error, as pointed out by the Jail Officials, would cause for extreme punishment, unless there is significant question or disagreement as to the identity of the claimant.

The Counsel of the petitioner submitted that, despite of the release order of the applicant, the jail authority did not bother to follow the Court’s order and release the applicant from jail. It seems that the prison authorities had failed to comply with the release order given in this case, because the name listed in the release order was Vinod Baruaar, while the name in the remand sheet is Vinod Kumar Baruaar.

It was also stated by the petitioner that, an application for correction of name had been filed before the Trial Court but the Trial Court had logically refused to correct the same in the release order, contrary to the order passed by the High Court. The Court had acknowledged that the sole intention of failure to comply with the bail orders since eight months seems, prima facie to be the obstinate conduct of the prison administration in carrying out the orders of this Court.The applicant had been deprived of his liberty without any fair excuse or reasonable cause.

Tagged: Allahabad High Court   Justice JJ Munir  
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