In a scathing observation passed against the Government of Uttar Pradesh, the Supreme Court recently ruled the long delay suffered by the petitioner in his release owing to some minor technicalities in the bail order. The apex court actually called this a "preposterous" reason for denying release and asked for a judicial enquiry into the delay while expressing serious concern at the larger consequences for thousands of prisoners in that state.
Case Background
The matter in question is Aftab vs. The State of Uttar Pradesh (2025). The petitioner Aftab was given bail but was locked up for almost a month because of an alleged ambiguity in the bail order, more so in regard to non-mentioning of a sub-section as per the UP Prohibition of Unlawful Conversion of Religion Act (2021).
Strong Rebuke from the Court
- A bench comprising Justices K.V. Viswanathan and N. Kotiswar Singh expressed concern over the whole affair. Justice Viswanathan observed that "God knows how many are languishing in your jails over technicalities." This observation came while questioning the legitimacy of withholding the petitioner’s release due to the omission of Section 5 (1) in the bail order, even though the key provisions under Sections 3 and 5 were already included.
- The bench found it unacceptable that Aftab was detained despite a clear order for his release by the Ghaziabad court, stating that the mention of sub-section (1) was hardly required in describing the offence or the accused, and there was no justifiable excuse for the delay in release, which was deeply disturbing.
Judicial Enquiry and Compensation Ordered
Taking suo motu cognisance, the Supreme Court issued a direction for a judicial enquiry to be conducted by a sitting District Judge into:
- The reasons for delay in release of the petitioner.
- Whether there was some "sinister" motive behind.
Next, the Court directed the State of Uttar Pradesh to constitute an interim compensation of ₹5 lakh to be paid to Aftab for the delay in his release that was unwarranted.
Response from State Officials
- The matter was taken up for two days in a row, and on day one, after demanding the personal appearance of the superintendent concerned, the Court directed the Director General of Prisons, Uttar Pradesh, to appear in the matter virtually.
- The Additional Advocate General of Uttar Pradesh, Garima Prashad, explained during the hearing that there had been no fault on Aftab's part and that he had been already released on the previous day. She further explained that the reason for the delay was that the lower court had not timely modified the release order so as to correctly state the charging sections.
- But the bench found this reasoning flawed. Justice Viswanathan observed that if the Ghaziabad court had accepted the bond and ordered release, the documentation could not have been insufficient. The petitioner had been released only after concerted intervention by the Supreme Court; now, that was a cause of grave concern.
Wider Concerns Raised by the Court
- The Supreme Court stated that Uttar Pradesh jails have some 90,000 prisoners and that many might be suffering similar fates on account of technical lapses or administrative apathy. The bench pondered over the systemic flaws that allow such problems to persist and demanded their redress.
- It would be worthwhile for the Court to urge the UP DG (Prisons) to meet with the jail Superintendents and ensure immediate steps be taken to sensitize officials to avoid such procedural lapses in the future.
Legal Significance and Implications
- This case holds larger ramifications for general application. It further accentuates the urgency for administrative reforms of the prison system and legal process. The continuance of detention against orders for bail weakens public confidence in the justice system and violates rights guaranteed under Article 21. Justice must be done to cement the larger principle: no one can be legally unjustly jailed in the name of petty bureaucratic procedures.
- The Court’s intervention sends a strong message to all states regarding the importance of personal liberty and preventing bureaucratic red tape from causing unjust incarceration.
The decision of the Supreme Court to order a judicial inquiry as well as grant compensation in the case of Aftab vs. State of Uttar Pradesh is not merely about the liberty of one person, but about systemic reform. In so doing, the court has drawn attention to the plight of thousands in similar situations, thus bringing to light a silent crisis within the criminal justice system. Henceforth, it is for the state machinery to ensure that no person is kept behind bars due to administrative oversight or mere technicalities of the law.
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