K'taka Govt rapped for illegal detention of jail bird
Bangalore, Dec 5 (UNI) The Karnataka High Court today rapped the State Government in connection with the illegal detention of a convict even after he was ordered to be released by a G.O, and directed the Government to set up a State Human Rights Commission.
Mr Justice D V Shylendra Kumar, while allowing a writ petition filed by the aggrieved person Peddakkanavar Hanumanthappa of Davanagere, directed the State and authorities concerned to pay Rs three lakh as compensation to the petitioner within eight weeks and if the Government failed to deposit the same, a further interest of ten per cent would be imposed. The court directed the respondents to pay a cost of Rs 10,000 to the petitioner.
The judge directed the Government to conduct an inquiry into the illegal detention and demand for illegal gratification by the jail authorities, and recover the compensation amount from the officials according to their official capacity.
The petitioner submitted that he was convicted and sentenced to life imprisonment for murder and other offences by the Sessions Court in Shimoga on January 14, 1987, and was shifted to Bangalore Central Prison and then to Parapparana Agrahara jail. On a representation by the petitioner for remittance of life sentence and the recommendation of the respondent jail authorities, the Government, by exercising its powers under Sec 432 of the Criminal Procedure Code, passed an order dated September two, 1998, directing the prison authorities to remit his unexpired sentence as on September four, 1998. However, the authorities did not release him till September 22, 1998, demanding Rs 25,000 to do so. Since he could not pay the amount, he was shifted back to the Parappana Agrahara prison and was tortured till September 14, 1999.
However, he had made a representation to the National Human Rights Commission and other authorities and was finally released. He had thus been kept under illegal detention for almost an year inspite of the release order, violating his fundamental right to life, liberty, freedom and equality guaranteed under the Constitution, he contended.
UNI XR GD RL DB2019