Allahabad HC Expresses Serious Concerns Over Extended Detention Of Prisoner After Serving Sentence, Summons Jail Officials

Update: 2023-12-08 09:45 GMT

The Allahabad High Court raised serious concerns regarding the continued imprisonment of a prisoner in jail, even though his sentence concluded 11 months ago.

A Bench of Justice Shamim Ahmad directed, “Jail Superintendent must file his personal affidavit clearly stating therein the reasons as to why the present appellant has been detained illegally by the jail authorities after completing his conviction/sentence period. The Director General, Department of Prisons, Uttar Pradesh, Lucknow is also directed to file his personal affidavit clearly stating therein that till today how many convicts/prisoners are still detained in jail after completing their sentence in the entire State of Uttar Pradesh

Advocate Pragati Singh appeared for the Appellant and Advocate Ashok Kumar Singh appeared for the Respondents.

The appellant argued that he was convicted on November 28, 2022, under IPC section 323 (Voluntarily Causing Hurt) and received a maximum sentence of five years. It was submitted that he had been in jail since December 20, 2017, and has already completed the prescribed sentence. Despite this, he has been held in jail for over 11 months beyond his sentence.

The Counsel for the appellant demanded that the state government be directed to provide compensation for the period of illegal detention.

The Court summoned both the Director General and the Jail Superintendent to appear in person before the Court on the next scheduled date. The case is listed for further hearing on December 8, 2023.

Cause Title: Arvind v. State of U.P. & Ors.

Click here to read/download Order



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