In spite of the release warrant issued the person was kept in judicial custody – The High Court of Delhi to consider
+ W.P.(CRL) 2786/2023
Case Title: Sunil Kumar Dahiya v. The Director General of Prisons & Anr.
Appearance
Petitioner – Ms. Anannya Ghosh, Mr. Brian Henky Moses, Ms. Chitra Vats, Ms. Ioel Bose & Ms. Darika Sikka
Respondent – Mr. Yasir Rauf Ansari, ASC (Criminal) with Mr. Alok Sharma & Mr. Vasu Agarwal
CORAM: HON’BLE MR. JUSTICE SURESH KUMAR KAIT HON’BLE MS. JUSTICE SHALINDER KAUR
Order dated:16.11.2023
Introduction
A petition of Habeas corpus filled chasing to release for petitioner from Tihar jail, Delhi the High court in command was recently surprised over the continuing detention of corpus, nothing the contention that he had already admitted to Bail.
Facts of the case
the petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking a writ of mandamus directing the Jail Superintendent, Central Jail No.3 to update the nominal roll of the petitioner and in the form of Habeas Corpus seeking a direction to respondent No.1 for production and release of detune i.e petitioner, from illegal custody.
. It is further averred that the Chief Metropolitan Magistrate, Saket Court issued release warrants against the petitioner, however, the jail authorities have refused to process his release. The CMM directed the Superintendent of Jail to provide case-wise details of pending cases, disposed of cases, acquitted cases, undergone cases, and convicted cases against the petitioner.
Respondent No.2 informed the Court of learned CMM that 704 cases were pending against the petitioner and a copy of the nominal roll dated 01.09.2023 was placed on record. It is averred that as per nominal roll, the petitioner is eligible to be released from further custody. Even the release warrants issued by the learned JMIC, Gurugram have not been complied with by the jail authorities.
counsel appearing on behalf of the petitioner submits that in the communication by Deputy S.P. Central Jail Tihar, New Delhi to the learned CMM, Patiala House Court a list of list of 29 cases has been given in respect of which status and next date of hearing is not known. Learned counsel submits that these cases have been transferred to the court at Gurgram, Haryana, and the petitioner has already been acquitted. However, these cases are shown as pending in the list of cases before the jail Superintendent concerned
Accordingly, the respondent /Jail Superintendent concerned filed a status report wherein it is stated that 20 cases are pending against the petitioner in Delhi and that there is no record of such cases wherein he has been directed to be released on bail after furnishing personal bond, with or without surety. So is the position in respect of other 411 cases which are pending in other States, in respect of which production warrants are with the Tihar Jail.
Analysis of the court
Being of the view that there was no “legal justification” to keep the petitioner in custody, the court had directed that he be released “forthwith”, subject to verification of the Pairokar’s contention. A copy of the order was directed to be electronically communicated to the concerned JS.
We are constrained to note that due to the disputed status of cases against the petitioner, he has not been released and forced to stay behind bars – the bench in command
Taking a serious view of the matter, the Bench of Justices Suresh Kumar Kait and Shalinder Kaur directed the Principal District & Sessions Judge of Patiala House Court and Saket Court (District South and South East both) to verify the status of cases against the petitioner.
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Written By
Kaulav roy chowdhury