By PTI
NEW DELHI: The Supreme Court has directed Chhattisgarh government to pay Rs 7.5 lakh compensation to a rape convict who was kept in prison beyond the period of sentence awarded to him.
A bench of Justices Ajay Rastogi and C T Ravikumar noted that the petitioner is a youth and suffered long and illegal deprivation of fundamental rights besides the mental agony and pain on account of such extra, illegal detention.
“Without making any observation as to his civil remedy, we think it is only just and proper to pass an order granting compensation to the tune of Rs 7.5 lakh to be paid by the State holding that it is vicariously liable for the act/omission committed by its officers in the course of employment.”
“We also make it clear that while holding the State vicariously liable as above, the State must have recourse against the erred officer(s),” the bench said.
The apex court was hearing an appeal filed by a man challenging the judgment of the Chhattisgarh High Court which confirmed his conviction under Section 376 of the Indian Penal Code but the sentence was reduced from 12 years to seven years of rigorous imprisonment.
While examining the case, the top court noted that the man was kept in jail beyond the period of sentence of imprisonment and was in prison for a total of 10 years 3 months and 16 days.
The bench said there was absolutely no “justifiable reason”, for the lapse in taking appropriate action to comply with the judgment of the high court and to release the appellant on expiry of the legally permissible period of sentence.
“There is absolutely no case for the respondent that the appellant herein was not entitled to remission. In the light of the Certificate of Custody issued by the Superintendent of Central Jail, Ambikapur, as also in the light of the provisions in the Prison Rules, referred hereinbefore, applicable in the State of Chhattisgarh the entitlement of the appellant for remission is indisputable and in fact, it is not at all disputed by the respondent,” the bench said.
The top court said it was not oblivious of the fact that the appellant herein was held guilty in a grave offence.
“But then, when a competent court, upon conviction, sentenced an accused and in appeal, the sentence was modified upon confirmation of the conviction and then the appellate judgment had become final, the convict can be detained only up to the period to which he can be legally detained on the basis of the said appellate judgment. When such a convict is detained beyond the actual release date it would be imprisonment or detention sans sanction of law and would thus, violate not only Article 19(d) but also Article 21 of the Constitution of India. This is what was suffered by the appellant for a very long period,” it said.
“Considering the fact that the appellant is a youth, the long and illegal imprisonment beyond the period of sentence, taking into account the long and illegal deprivation of the right to move freely and thereby, the violation of right under Article 19 (d) of the Constitution of India, the violation of right to life and personal liberty under Article 21 of the Constitution of India and the mental agony and pain caused due to such extra, illegal detention, we are of the view that the appellant is entitled to be compensated in terms of money,” the bench said.
