HC awards Rs 3L relief for custody beyond sentence

The Punjab and Haryana High Court has awarded Rs 3 lakh compensation to a man kept in custody beyond his sentence duration. The direction came as the court admonished the state and the District Legal Services Authority (DLSA) for “injustice” and “ineptitude” before declaring that such unlawful detention constituted “acts of constitutional disregard that demand accountability, redressal and systemic correction”.

Justice Harpreet Singh Brar asserted state-inflicted injustice, such as unlawfully extending a person’s custody beyond the sentence imposed by a competent court, was a serious breach that could not be condoned under any circumstances.

“The state, as the custodian of constitutional values, bears the highest responsibility to uphold the rights of its citizens which includes even those who are convicted of crimes. When the state itself becomes the violator of liberty through negligence or apathy, it sets a dangerous precedent that erodes faith in the justice system,” Justice Brar observed.

The Bench was hearing an appeal filed by one Satnam Singh, convicted for possessing 25 kg poppy husk categorised as an intermediate quantity under the NDPS Act. He was sentenced to 1.5-year imprisonment. But the custody certificate’s perusal revealed that he had already spent two years, three months and 29 days in custody.

“The sentence awarded by a trial court comes after careful consideration of all relevant facts, legal arguments and a dedicated sentencing hearing. It reflects a calibrated judicial decision that balances the gravity of the offence with the rights of the convict. Therefore, when a person is kept in custody beyond the term of the sentence awarded, it directly undermines the due process of law. Such extended incarceration, not sanctioned by any judicial order, amounts to a disregard for the authority of the court and the rule of law,” Justice Brar asserted. The Bench was assisted in the matter by amicus curiae Vasudha Sharma.

Justice Brar directed the government to pay Rs 3 lakh compensation to the appellant within eight weeks. The court clarified that the compensation would not bar the appellant from pursuing civil remedies for further damages.

Justice Brar left the door open for further action by permitting the state to recover the compensation amount from the erring officials responsible for the unlawful detention.