Delhi HC orders strict action against officers for illegal detention, despite bail [Read Order]

NEW DELHI: Taking a clear judicial stand on the issue of illegal detention, the Delhi High Court has directed the state to take strict action against erring officers in a case where an accused was detained by jail authorities despite a bail and release order.

A division bench of Justices Suresh Kumar Kait and Manoj Jain held, The respondent/State is directed to take appropriate action against the erring officers. The DG (Prisons) who is present in Court has assured this Court, that no such lapse shall take place in future. We make it clear that if any lapse is found on the part of the officers of Jail in this regard in future, strict action shall be taken by this Court against them.

As per the brief facts of the case, the bail order/ release order of the accused petitioner was received in Tihar Jail on January 20, however, he was not released citing an expired production warrant against him.

The production warrant in question, as admitted by the state/Jail Authority, was dated September 30, 2022 and had been received from Fast Track Court, G.B Nagar, pursuant to which he was to be produced on October 10, 2022.   

However, he was never produced on the said date but was only produced on January 29, 2024.

The Court noted in this regard that in fact, the Jail Authorities at Delhi have no idea about the next date in said outstation case and they do not even know whether accused is on bail there or not.

Refusing to accept the authorities plea that they needed clarification on the warrant, the Court went on to state that, there is evidently, no confusion or requirement of any clarification as there was no live production warrant. Moreover, if it all Jail Authorities wanted to know the status, it could have sought information in the year 2022 itself. Instead of honouring said production warrant and producing the accused before said Court on 10.10.2022, it has now woken up from slumber when accused has already secured bail in cases in Delhi.

Therefore, holding that the petitioner could not have been detained on a stale production warrant which has no value in the eyes of law, the Court directed for him to be released forthwith. 

It also directed the Jail Authority to place on record a report specifying therein action taken against the erring officers and also about remedial steps taken to ensure that such lapses do not re-occur.

The petitioner was represented by Advocates Vishal Gosain, Rudrani Tyagi and Praney Sharma. The respondents were represented by Standing Counsel (Crl.) Sanjay Lao, and Advocates Priyam Aggarwal and Abhinav Arya.

Cause Title: Dharam Narayan Gautam v State through Economic Offences Wing & Anr.

[Read Order]