SC to lay down guidelines against illegal detention

New Delhi, Aug 7 (UNI) The Supreme Court has decided to lay down some guidelines and safeguards against long and illegal detentions of undertrials without trial.

A bench comprising Chief Justice Y K Sabharwal and Mr Justice C K Thakker provided this indication while adjourning the hearing of the case of Machal Lalung who remained in jail for 54 long years in Assam without trial and could be released only this year when he was found in a mental hospital and the hospital moved the court for directions after it declared Lalung fit for discharge. The 70-year-old unfortunate prisoner was arrested in 1951 for some theft case and even his case record and police records are not traceable.

The court also directed that the case of another unfortunate prisoner who could secure freedom after 38 long years when the UNI detected him in a mental hospital in Lucknow would also be heard along with the case of Lalung. Ramjeevan Yadav was arrested in 1968 by Faizabad police for alleged murder of his neighbour's wife .Even the grown up son of Yadav who has lost his mental balance during his long incarceration without trial could not recognise his father.

The court also recorded the statement of counsel for the state of Assam to the effect that the victim had been actually paid the compensation amount.

The court also noted that perhaps the case of Ramjeevan Yadav had not been listed today for hearing as the report of the hospital and district authorities had not been filed in this court.

The trial court record and the police record of Yadav is also not traceable and such seemingly endless detention involves worst kind of human rights violations as it violates the fundamental right to life guaranteed under Article 21 of the constitution of India. Yadav was granted bail and was ordered to be relased on personal bond by the apex court after taking suo motu notice of the UNI report which was carried in several newspapers.

UNI AKS/SC RP VV1938