SC Orders Probe After Jail in Ghaziabad, U.P, Fails to Release Bail-Granted Accused

New Delhi, June 26: The Supreme Court on Wednesday ordered a judicial inquiry into why Ghaziabad jail authorities failed to release Aftab, an accused in a forced religious conversion case, despite his bail being granted in April. The Court acted following a petition by Aftab, who remained in custody for nearly two months due to what jail officials claimed was a "missing technicality" in the bail order.

A bench comprising Justices K.V. Viswanathan and N. Kotiswar Singh called Aftab’s prolonged detention a 'travesty of justice', emphasising that a citizen’s liberty cannot be curtailed over "useless technicalities", especially when all concerned authorities are fully aware of the case details.

The Supreme Court directed the Principal District Judge of Ghaziabad to conduct a judicial probe into the delay in releasing Aftab, identify those responsible for it, and examine whether any vested interests played a role in his continued detention. The inquiry report is to be submitted by August 18.

Holding the state accountable, the Court ordered it to pay ₹5 lakh as compensation to Aftab for the violation of his fundamental rights. It also warned that any officials found responsible for the delay in releasing Aftab could be held personally liable for paying the compensation amount.

“We don’t know how many more undertrials are languishing in jail due to such callousness. Liberty is a precious constitutional right, not to be taken lightly,” the bench observed, adding that strict action would follow based on the findings of the judicial inquiry.

Source: Live Law