Bombay HC directs state to pay 10k for illegal detention sans remand warrant

In a case of illegal detention, the Bombay High Court recently reiterated that prisoners cannot be detained beyond the expiry of their sentence in the absence of a remand order by a competent court..Relying on the Madras High Court judgment of KS Muthuramalingam v. State, represented by the Inspector of Police, as well as other judgments, the Court emphasised,.“…mere pendency of Production for Trial warrant is not enough to keep the prisoner in prison beyond the date of expiry of sentence/remand and the pendency of P.T. warrant cannot be equated with remand nor construed to be authorization for detaining a person beyond period for which he was remanded or committed to undergo imprisonment.”.The Bench of VK Jadhav and SS Shindhe delivered the judgment in a writ petition filed by Ganesh, who had been detained in the Nashik Central Prison for six days in excess of his prison term. After the expiry of his term, Ganesh continued to be detained as an undertrial prisoner in a separate case..Ganesh had been sentenced to undergo imprisonment following conviction in a 2011 cheque bouncing case. His sentence was eventually fixed at seven months of simple imprisonment. This prison sentence began on November 19, 2016, and he was due to be released on June 18, 2017..However, the police authorities declined to release him until six days later i.e. on June 25, 2018. Aggrieved by the delay, Ganesh approached the High Court citing violations of his fundamental rights under Articles 14, 19 and 21 of the Constitution..The state justified the extension of jail time by referring to another case of cheque bouncing that took place in 2013, pending against Ganesh..As submitted by the state, a day before Ganesh was due to be released, the jailor authority had enquired with the concerned court clerk over the phone as to whether the petitioner was required for the 2013 case and if he should not be released. The clerk had informed the jailor that the petitioner was required in the case, and that he should not be released..Over the next few days, the police continued attempts at clarifying whether or not Ganesh should be held back in prison. However, at no point was a remand warrant issued by the Magistrate for Ganesh’s continued detention..On June 22, the police authorities proceeded to request for written instructions from the Judicial Magistrate First Class (JMFC) Court. In response, the Court informed the police that Ganesh had been granted bail in the 2013 case..Importantly, the Court also wrote to the jail authority that a remand warrant cannot be issued for the 2013 case as the petitioner was not in judicial custody..In the meanwhile, Ganesh was still being detained at the prison. He was released soon after the above mentioned court letter was recorded with the jail register..In this background, the state contended that there was no intention to illegally detain Ganesh. The additional detention period of six days was attributed to procedural factors..However, the High Court was unequivocal in holding that without a remand warrant from a competent court, the continued detention of Ganesh was illegal on the face of the record. As noted in the judgment,.“…without there being any order passed by the Judicial Magistrate First Class, Udgir and communicated to respondent no.4/jail authority in writing, respondent no.4 has illegally detained the petitioner in jail….… It is clear that the petitioner was detained illegally without any authority from the 19.06.2017 to 25.06.2017….In absence of any remand warrant issued by the concerned court, any convict could not be detained in jail after completion of his term of sentence. Thus, illegal detention of the petitioner is apparent of the face of record.”.In view of this conclusion, the Court also proceeded to allow Ganesh’s prayer for compensation. The state was directed to pay Ganesh Rs 5,000 with 8% interest as compensation for his illegal detention. Further, Rs 5,000 is also to be paid by the state as costs..“… considering the period of illegal detention, we deem it fit to quantify compensation payable in the present case at Rs.5,000/- (rupees five thousand only) with interest at the rate of 8% per annum from the date from which the petitioner was illegally detained i.e. from 19.06.2017 to 25.06.2017 and also the costs of the petition to be payable to the petitioner at Rs.5,000/- (rupees five thousand only).”.The Court also clarified that it is open to the state to initiate proceedings against the errant officers for recovery of the amount to be paid..Read the judgment: