Prisoners were detained in jail without enquiry for twenty years without any reason. This was brought to the notice of the Court by the free legal aid committee. At the time of their detention prisoners were declared insane but afterwards they became sane. Is the act of officials in violation of fundamentals rights of the constitution?

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  • Prisoners were detained in jail without enquiry for twenty years without any reason. This was brought to the notice of the Court by the free legal aid committee. At the time of their detention prisoners were declared insane but afterwards they became sane. Is the act of officials in violation of fundamentals rights of the constitution?
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Answer:

The act of officials is in violation of fundamentals rights of the constitution i.e, right to liberty under Art.21 & they are entitled to compensation from the State Government under Art. 32 of the Indian Constitution.

 

In Rudal Shah vs. State of Bihar, (1983) 4 SCC 141, the Supreme Court has held that Bihar Government to pay “Compensation” of Rs. 30,000 to Rudal Shah who had to remain in the jail for 14 years, because of the irresponsible behavior of the State Government Officers even after his acquittal.

 

From this ruling, the Court can order payment of compensation to victims of State violence.

Last Updated On January 29, 2018
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