SC: State must compensate every day of illegal custody
New Delhi, May 30 -- The Supreme Court on Friday ruled that the State is obligated to compensate a person for every day of illegal detention, observing that personal liberty can never be treated as a "trivial matter" and cannot be subordinated to bureaucratic indecision over whether to challenge a judicial order.
A bench of justices Sanjay Karol and AG Masih directed the Rajasthan government to pay Rs.11 lakh compensation to a man who remained behind bars for 24 days despite a competent court having ordered his release after verification of sureties.
"The liberty of an individual is not a trivial matter. The State cannot continue curtailing the same in the face of a court order, on account of its slow bureaucratic processes...," held the bench.
"If such a view is agreed to by us, it would amount to the liberty of a person being placed sub-par to the decision whether or not to file an appeal which is purely an administrative call. That cannot be countenanced," it added.
The judgment came in an appeal filed by a Rajasthan prisoner who continued to remain incarcerated for 24 days even after parole had been granted and the process of verification of sureties had been completed....
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