In a scathing rebuke of bureaucratic negligence, the Supreme Court of India has directed the Uttar Pradesh government to pay ₹5 lakh in ad hoc compensation to a man who remained in Ghaziabad District Jail for 28 days despite being granted bail by the apex court on April 29, 2025. The delay stemmed from a technical omission—the absence of a sub-section reference in the bail order under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
“Liberty Can’t Be Denied on Useless Technicalities”: SC
A bench comprising Justices K V Viswanathan and N Kotiswar Singh condemned the delay as a “travesty of justice”, emphasizing that personal liberty is a fundamental right under Article 21 of the Constitution.
“Liberty is too sacred to be violated so casually,” the court observed, warning that such lapses could not be excused by clerical errors.
Judicial Inquiry Ordered
The court rejected the state’s internal inquiry and instead ordered a judicial probe by the Principal District and Sessions Judge of Ghaziabad to determine whether the omission was a genuine mistake or indicative of gross negligence or sinister intent. The court also warned that if individual responsibility is established, the compensation amount would be recovered from the erring officers personally.
Background of the Case
The accused, Aftab, was arrested under Section 366 of the IPC and Sections 3 and 5(i) of the anti-conversion law. Despite a clear bail order and a subsequent release directive issued on May 27, jail authorities refused to act, citing the missing sub-clause “(i)” in the bail order. He was finally released on June 24, only after the Supreme Court intervened.
SC’s Stern Message to Jail Authorities
The court summoned the Director General of Prisons and the Ghaziabad Jail Superintendent, directing them to sensitize jail staff about the importance of upholding judicial orders.
“What message are we sending if we keep people behind bars despite clear judicial orders?” the bench asked pointedly.
Next Steps
The matter has been posted for further hearing on August 18, when the court will review the judicial inquiry report and decide on further action.
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