Supreme Court Pulls Up UP Prison Administration Over Delay in Releasing Undertrial: Liberty Cannot Be Denied on Technical Grounds
Case Background: Delay in Release Despite Supreme Court Bail Order The Supreme Court strongly criticised the Uttar Pradesh prison authorities for delaying the release of an undertrial Muslim accused, who had been granted bail under an anti-conversion case, but continued to remain in custody for almost one month after the order. The bench comprising Justice JB Pardiwala and Justice KV Viswanathan described the situation as “very sad” and “unfortunate”, observing that a citizen’s liberty was curtailed solely on account of a trivial technical objection raised by jail authorities. The Court held that even though all relevant details — identity of the accused, case number, offences, and police station — were clearly mentioned, the accused was not released merely because the order did not mention a sub-clause of Section 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Facts of the Case: Bail, Release Order, and Continued Detention The accused was facing trial ...