Punjab & Haryana HC orders compensation for convict detained beyond sentence [Read Judgment]

Punjab: The Punjab and Haryana High Court has ordered compensation for a convict who was kept in custody for over nine months beyond his sentence term, highlighting the stark disparities in the justice system between the rich and the poor.

Justice Harpreet Singh Brar delivered the judgment, addressing the systemic issues that allow economically disadvantaged individuals to remain incarcerated beyond their legal sentences.

The case involved an appeal filed by Satnam Singh against his conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court noted, “The appellant has spent 2 years, 3 months, and 29 days in custody, while he was only sentenced to 1 year and 6 months of imprisonment in the instant case.”

Pointing to the systemic inequality in the justice system, the court observed, “If the appellant had been in a better financial position, he or his family could have easily afforded legal representation to monitor his detention and secure a timely release. However, the lack thereof left him in custody longer than legally sanctioned, at the mercy of jail officials.”

The court emphasized how extended incarceration beyond court-ordered sentences undermines the rule of law, stating, “When a person is kept in custody beyond the term of the sentence awarded, it directly undermines the due process of law. Such extended incarceration, not sanctioned by any judicial order, amounts to a disregard for the authority of the Court and the rule of law.”

In a strong rebuke to state negligence, Justice Brar remarked, “State-inflicted injustice, such as unlawfully extending a person’s custody beyond the sentence imposed by a competent court, is a serious breach that cannot be condoned under any circumstances.”

While dismissing the appellant’s appeal against conviction, the court awarded Rs. 3,00,000 as compensation, to be paid by the state government within eight weeks. It also granted the state liberty to recover the amount from the erring officials.

The court further criticized the District Legal Services Authority for its ineptitude in preventing such unnecessary incarceration of convicts in already overcrowded prisons.

Ms. Vasudha Sharma, Advocate (Amicus Curiae), appeared for the appellant, and Mr. Rishabh Singla, AAG, appeared for the State of Punjab.

Case Title: Satnam Singh vs. The State of Punjab

 [Read Judgment]