New Delhi: The Supreme Court on Wednesday directed the state of Uttar Pradesh to pay a provisional compensation of Rs 5 lakh for delaying the release of an accused from Ghaziabad District Jail on the ground that a sub-section of the anti-conversion law under which he was booked was omitted in the bail order.
Ordering the Ghaziabad Principal District and Sessions Judge to hold an enquiry into the “unfortunate” incident, a Bench of Justices K.V. Viswanathan and N.K. Singh said that in case any individual responsibility is found in the enquiry report, a portion of the compensation will be realised personally from the concerned jail officer(s).
In its order, the Justice Viswanathan-led Bench told Uttar Pradesh Director General (DG) of Prisons, who appeared virtually before the top court through video conferencing facility pursuant to its earlier order, to ensure that no prisoner languishes in jail on account of such “useless” technicalities. It asked the DG (Prisons) to sensitise all jail officials at the district level to respect the judicial orders and the significance of the liberty of prisoners.
Asking the Uttar Pradesh government to comply with its order directing payment of provisional compensation of Rs 5 lakh by Friday, the apex court posted the matter for further hearing, including perusal of the enquiry report, on August 18.
On Tuesday, the Supreme Court summoned the DG (Prisons) and the Senior Superintendent of Ghaziabad District Jail after the accused, Aftab, moved a miscellaneous application before the apex court seeking modification of the bail order to specifically include Sub-section (1) of Section 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
As per the application, filed by advocate Abhishek Singh, the release order issued by the Ghaziabad Additional District and Sessions Judge was returned by jail authorities on the ground that the case details as recorded in the jail register did not match the particulars mentioned in the release order.
Taking a very stern view of the alleged violation of judicial orders, it ordered the Superintendent of Ghaziabad District Jail to personally appear before the top court at 10.30 a.m. on Wednesday, and asked the DG (Prisons) to appear through the video-conferencing facility.
In an order passed on April 29, the Supreme Court had granted bail to the accused, in view of the fact that his parents are Hindu and Muslim, and the marriage was performed as per Hindu rites and customs.
Allowing the criminal appeal, the then CJI Sanjiv Khanna-led Bench had directed the accused to be released on bail during the pendency of the trial in connection with criminal case registered under Section 366 of the Indian Penal Code (IPC),1860 and Sections 3 and 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
Asking the trial court to determine the terms and conditions of bail, the top court told the accused to provide one mobile number on which he can be contacted by the Investigating Officer/Station House Officer concerned to ascertain his whereabouts, while he is on bail. It had clarified that the observations made in the order granting bail will not be treated as an expression of opinion on the merits of the case.
(IANS)
