Ensure ashram-like compassionate atmosphere in jails: Gujarat HC to authority
Justice H D Suthar, while ordering the release of a convict detained in Vadodara's central jail for over two months longer than his punishment and awarding him compensation, stated in his order, "It is hoped that the jail authorities will treat all inmates with humanity and sensitivity, following the Model Jail Manual, and do the needful for the rehabilitation of convicts and prisoners. The Inspector General of Prisons shall ensure that a friendly and compassionate atmosphere, akin to 'ashram,' is required to be created within the jails.
" Expressing this hope, the judge quoted Mahatma Gandhi's statement, "The best way to find yourself is to lose yourself in the service of others."
This happened in a petition filed by a prisoner, Raju Ninama, through advocate A A Zabuawala, who complained that his client was not released from prison even after he served his sentence. The HC summoned the jail officials, including the superintendent Usha Rada, and reprimanded them for this lapse.
It ordered the immediate release of the prisoner and said, "In this case, the jail authorities, instead of following the clear directions in the warrant, unilaterally reduced the set-off period, resulting in the petitioner undergoing an additional 2 months and 8 days of illegal detention, which amounts to wrongful confinement and a violation of Articles 19 and 21 of the Constitution of India.
Such wrongful confinement, stemming from arbitrariness and highhandedness, reflects a complete disregard for the fundamental rights of the convict."
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The jail superintendent agreed to pay Rs 50,000 compensation to the prisoner. The HC further stated, "Article 51A of the Constitution enjoins all citizens to show compassion toward living beings. Jail inmates, although convicts, do not lose their fundamental rights. Despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach."
The HC directed all judicial officers, who are jail visitors, that "…they must verify jail records to ensure that no undertrial prisoners or convicts remain illegally detained even for a minute beyond the completion of their sentence or granting of bail." Further, the authorities are directed "to undertake a comprehensive exercise to recalculate the set-off period for all convicts as per their respective conviction warrants.
After due verification, updated admission cards/tickets of convicts and relevant jail records shall be prepared in accordance with the circular dated Aug 1, 2025."
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