Case Note & Summary
The petitioner, Suryakant @ Bandu Ranoji Andekar, filed a criminal writ petition seeking a declaration that his detention in Yerawada Central Prison from 19 May 2003 to 30 December 2003 was illegal, and claimed compensation of Rs. 2 lakhs. The basis of his claim was a letter dated 8 July 2002 from the jail superintendent informing him that his release date would be 19 May 2003. However, he was actually released on 30 December 2003. The respondents, the State of Maharashtra and prison authorities, argued that the letter was a mistake; the petitioner was not entitled to count the period spent on parole and furlough leave, as well as the period he did not surrender after availing leave, towards the minimum period of life imprisonment. Once the error was discovered, the release date was corrected, and the petitioner was released on 30 December 2003 upon completion of the required imprisonment period. The respondents relied on a letter dated 11 February 2003 and the Supreme Court decision in Union of India & ors. v. Sadha Singh, (1999) 8 SCC 375. The court, after hearing both sides, found that the mistake in the initial letter was rectified before the actual release date, and therefore the detention was not illegal. The petition was dismissed.
Headnote
A) Prison Law - Illegal Detention - Compensation - Mistaken Release Date - The petitioner claimed illegal detention from 19.5.2003 to 30.12.2003 based on a letter from the jail superintendent indicating release on 19.5.2003. The respondents contended that the letter was a mistake and was corrected before the actual release date. The court held that since the mistake was rectified before the petitioner's actual release, there was no illegal detention and dismissed the petition. (Paras 1-3)
Issue of Consideration
Whether the petitioner's detention from 19.5.2003 to 30.12.2003 was illegal entitling him to compensation, given that the jail authorities initially gave a mistaken release date but corrected it before actual release.
Final Decision
The petition is dismissed.
Law Points
- Life imprisonment
- remission
- parole
- furlough
- illegal detention
- compensation
- mistaken release date
- correction of error
Case Details
2005 LawText (BOM) (02) 264
CRIMINAL WRIT PETITION NO. 1264 OF 2004
R.M.S. Khandeparkar, P.V. Kakade
Ms. Sharmila Kaushik for the petitioner, Mr. D.S. Mhaispurkar, A.P.P. for the Resp.Nos. 1 to 4
Shri Suryakant @ Bandu Ranoji Andekar
The State of Maharashtra, The Superintendent, Yerawada Central Prison, Pune, The Inspector General of Police, State of Maharashtra, The Secretary, Deptt. of Law & Judiciary, Govt. of Maharashtra
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Nature of Litigation
Criminal writ petition seeking declaration of illegal detention and compensation.
Remedy Sought
Declaration that detention from 19.5.2003 to 30.12.2003 was illegal and direction to pay compensation of Rs. 2 lacs.
Filing Reason
Petitioner was informed by letter dated 8.7.2002 that his release date would be 19.5.2003, but he was actually released on 30.12.2003.
Issues
Whether the detention of the petitioner from 19.5.2003 to 30.12.2003 was illegal?
Whether the petitioner is entitled to compensation for the alleged illegal detention?
Submissions/Arguments
Petitioner argued that based on the jail superintendent's letter dated 8.7.2002, his release date was 19.5.2003, but he was detained until 30.12.2003, making the detention illegal.
Respondents argued that the letter was a mistake; the petitioner was not entitled to count parole/furlough periods and absconding period towards life imprisonment; the error was corrected before actual release, and the detention was legal.
Ratio Decidendi
A mistaken intimation of release date does not render subsequent detention illegal if the mistake is rectified before the actual release date, and the detention is otherwise lawful.
Judgment Excerpts
The petitioner seeks declaration to the effect that his detention in Yerwada Central Prison by the respondents for the period from 19.5.2003 to 30.12.2003 was illegal and on that count seeks direction to the respondents to pay compensation of Rs.2 lacs.
On the other hand, it is the case of the respondents that the intimation given to the petitioner by the Jail Superintendent under letter dated 8.7.2002 was not a correct information and once it was realised that the petitioner was not entitled to avail the benefit of the period spent by him on parole and furlough leave as well as the period during which he did not surrender after availing the leave, for the purpose of calculation of minimum period of life imprisonment, the date of release of the petitioner was corrected and he was released on 30th December, 2003 on completion of the required period in the imprisonment.
Procedural History
The petitioner filed Criminal Writ Petition No. 1264 of 2004 before the Bombay High Court. The court heard the matter and delivered judgment on 15 February 2005.
