Gujarat High Court Orders ₹1 Lakh Compensation for 3-Year Wrongful Detention Due to Jail Officials’ Bail Order Oversight

Gujarat High Court Orders ₹1 Lakh Compensation for 3-Year Wrongful Detention

VoM News Desk | September 27, 2023 | 06:48 PM IST | Courts & Law, Gujarat | Follow on Google News

Gujarat High Court Orders ₹1 Lakh Compensation for 3-Year Wrongful Detention Due to Jail Officials’ Bail Order Oversight

Gujarat High Court Awards ₹1 Lakh Compensation to Wrongfully Detained Convict

A division bench of the Gujarat High Court, comprised of Justice AS Supehia and Justice MR Mengdey, has issued a significant ruling on September 27, ordering the state government to pay ₹1 lakh in compensation to Chandanji Thakor, a 27-year-old inmate who, despite securing bail in 2020, endured an additional three years of incarceration.

Key Points:

Bail Order Email Oversight
Chandanji Thakor, who had obtained bail in 2020, found himself imprisoned for an extended period because prison authorities claimed they were unable to access the High Court’s bail order sent as an email attachment by the registry. The jail authorities cited challenges related to the COVID-19 pandemic as the reason for their inability to open the email attachment.

Court’s Critique
The High Court noted that although the email had been sent to the District Sessions Court, no efforts were made to ensure the timely implementation of the bail order. The Court termed the case “an eye-opener” and expressed its inclination to grant compensation to Thakor.

Thakor’s Case Background
Chandanji Thakor had been serving a life sentence in a murder case until his sentence was suspended on September 29, 2020. Despite the pandemic-related excuse given by the jail authorities, the Court’s order remained unimplemented, leading to Thakor’s prolonged detention.

District Legal Services Authority (DLSA) Oversight
The Court found fault with the District Legal Services Authority (DLSA) for failing to inform the jail authorities about the suspension of Thakor’s sentence. This negligence resulted in Thakor’s continued imprisonment.

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Blame on Jail Authorities
The High Court squarely placed the blame on the jail authorities for their negligence and directed the state government to disburse the ₹1 lakh compensation to Thakor within 14 days.

Comprehensive Directive
In addition to the compensation order, the Court directed all District Legal Services Authorities (DLSAs) to compile data on prisoners who have been granted bail but have not yet been released. This move aims to prevent similar oversights in the future.

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