Allahabad High Court orders Rs 50,000 compensation for delay in accused’s release
LUCKNOW: The Allahabad High Court has directed the Uttar Pradesh government to pay Rs 50,000 in compensation to an accused whose release was delayed by 15 days due to incorrect information submitted by the police regarding his criminal history.
A single bench comprising Justice Arun Kumar Singh Deshwal was hearing the bail plea of Furkan, who was arrested in November last year in connection with the theft of a four-wheeler.
Counsel for the accused submitted that his client could have been released on bail on February 23, but remained in custody for an additional 15 days after the police incorrectly claimed he had a criminal history of 12 cases, instead of five.
The Court observed that the inaccurate information had been provided by the investigating officer (IO), noting that the accused had already clarified his involvement in five cases.
“Therefore, compensation of Rs 50,000 shall be paid by the State to the applicant within one month from today. From the perusal of the record, it is also clear that there was no mala fide on the part of the IO, but the mistake occurred due to negligence, possibly on account of workload,” the Court stated.
After the accused contested the claim, the Court summoned the Additional Director General (Technical Services), Lucknow. Appearing via video conferencing on 10 March, ADG Naveen Arora acknowledged the error on the part of the IO.
He informed the Court that tracing the criminal history of an accused is a straightforward process through the Crime and Criminal Tracking Network and Systems (CCTNS). He further submitted that access to case diaries through the Interoperable Criminal Justice System (ICJS) had been provided to the Joint Director of Prosecution at the Allahabad High Court, but the facility was not utilised due to staff shortages.
The Court subsequently directed the Director of Prosecution to ensure adequate staffing in the office of the Joint Director of Prosecution so that the ICJS facility can be effectively used, thereby preventing delays in obtaining case-related information.