"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order

The Delhi High Court on Wednesday pulled up the Union Ministry of Home Affairs for not complying with an order passed way back in January 2021 for granting premature release to a prisoner.

A bench of Justice Subramonium Prasad warned that the MHA Secretary will be summoned personally to show-cause for not initiating contempt action, if the order is not complied within a week.

The bench was considering a contempt petition over the non-compliance of the direction passed by it on January 25, 2021 for premature release of a convict, who completed 14 years of sentence in 2015 in a kidnapping case.

Justice Prasad orally remarked that the confinement of the prisoner despite the Court order for release amounts to "illegal detention".

"This is preposterous. This is an Order of this Court directing release. You say that the CBI has to process and they already did this in August 2021. Since then you've done nothing. This amounts to illegal detention! If you (MHA) do not comply with the Order of this Court within one week, then on next date, Secretary MHA must be present in Court to show cause as to why contempt should not be initiated", Justice Prasad said.

The prisoner was sentenced to life imprisonment for the offences under Section 364A read with 120-B IPC for kidnapping for ransom. Heinished serving 14 years in 2015 and then applied for premature release. He was recommended for premature release by the Sentence Reviewing Board four times , which was approved by the Delh L-G.

Case : Cont.Cas(C) 984/2021