Gujrat High Court Orders Compensation for Three-Year Delayed Release of Prisoner: ‘Serious Lapse by Jail Authorities

In a significant judgment, the Gujarat High Court has ordered compensation for a prisoner who remained incarcerated for almost three years due to a shocking oversight by jail authorities. The court criticized the serious lapse on the part of the authorities and directed the state to grant the applicant Rs. 1,00,000 as compensation for his illegal detention.

The case involved Chandanji @ Gato Chhanaji Thakor, who had filed an application seeking regular bail through jail. However, it was revealed that the applicant had been granted regular bail by a previous court order but remained in jail due to negligence.

In the judgment, the court stated, “Considering the plight of the applicant, who has remained in jail despite the order of this Court due to the negligence on the part of the jail authorities... we are directing the State to grant him compensation of Rs.1,00,000/- (Rupees One lac).”

The court also emphasized the need for timely release of prisoners granted bail, referencing directions from the Supreme Court, which stressed the importance of ensuring that undertrial prisoners and convicts are released promptly.

Furthermore, the District Legal Services Authority (DLSA) came under scrutiny for its failure to identify cases where prisoners granted bail were not released. The court directed all DLSAs to collect data on such cases and the reasons for non-release.

To ensure the implementation of these directions, the matter has been scheduled to be listed on 18.10.2023. This judgment serves as a reminder of the vital importance of upholding the rights of prisoners and the responsibilities of authorities in ensuring timely release.

Date of Decision: 22 September 2023

CHANDANJI @ GATO CHHANAJI THAKOR vs STATE OF GUJARAT