Supreme Court Orders Judicial Probe Over Bail Delay Of UP Prisoner

The Supreme Court has ordered a judicial probe after prison authorities in Uttar Pradesh failed to release a prisoner despite a court-issued bail order.

The bench comprising Justice KV Viswanathan and Justice N Kotiswar Singh termed the lapse a serious violation of fundamental rights and directed the Principal District and Sessions Judge of Ghaziabad to conduct the investigation.

The court stated that a thorough judicial inquiry was essential to uncover the root cause of the delay.

The bench has asked for a compliance report to be submitted by 27 June.

Compensation for unlawful detention

The apex court directed the Uttar Pradesh government to pay an interim compensation of Rs 5 lakh to the accused, Afatab, who remained in custody despite being granted bail.

The court clarified that it would determine further relief after examining the findings of the investigation.

During the hearing, the Supreme Court expressed strong displeasure at the conduct of the jail authorities.

The bench noted that any officer found guilty of negligence would face a penalty of Rs 5 lakh.

The court demanded answers on why Afatab was kept in custody beyond 27 May 2025, despite valid bail orders.

Justice Viswanathan questioned the Director General (Prisons), Uttar Pradesh, about steps being taken to ensure similar incidents do not recur.

The DG responded that he would conduct a video conference immediately to sensitise jail superintendents on compliance with court directives.

Focus of the judicial inquiry

The court has instructed that the inquiry focus on whether there was negligence in executing the release order and, if so, who should be held accountable.

The investigation must also explain the legal basis—if any—for the continued detention of the prisoner after the bail order was issued.

Justice Viswanathan remarked that the issue concerns individual liberty and warned, “We are not going to let this go. We do not know how many others are languishing in jail like this.”

The court strongly emphasised that the bail order in question was valid and legally binding. “This is not a forged order; it is a lawful direction,” the bench observed.

The DG (Prisons) assured the court that new guidelines would be issued.

He added that jail officials would be instructed—via video conferencing—on the mandatory compliance of court orders.

Earlier, the court had criticised the delay in releasing Afatab, stating, “It is a mockery of justice that a person granted bail in April is still in jail.”

Afatab was arrested under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

The court’s stern stance underscores its resolve to uphold constitutional freedoms and enforce accountability within the justice system.

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