Despite Release Order, Prisoner Not Freed for Five Days — Court Imposes ₹2 Lakh Penalty: A Landmark Intervention Led by Santosh Upadhyay of Bandi Adhikar Manch


 

Despite Release Order, Prisoner Not Freed for Five Days — Court Imposes ₹2 Lakh Penalty: A Landmark Intervention Led by Santosh Upadhyay of Bandi Adhikar Manch

By: PVCHR Desk | In association with Bandi Adhikar Manch
Leadership: Santosh Upadhayay, Founder & National Convenor, Bandi Adhikar Manch; Associate, PVCHR

Introduction

A deeply troubling incident from the Central Jail in Gaya (Bihar) has once again underscored the urgent need for accountability and systemic reform in India’s prison administration. According to the news report published in Prabhat Khabar, a prisoner—despite a clear court order for release—was not freed and remained in jail for an additional five days.

Taking serious note of this unlawful detention, the Court has imposed a ₹2,00,000 penalty on the responsible jail officials.

This case highlights the alarming gaps between judicial orders and their implementation. It also symbolizes the persistent fight for prisoners’ rights led by Santosh Upadhayay, Founder and National Convenor of Bandi Adhikar Manch, and a long-time associate of PVCHR (People’s Vigilance Committee on Human Rights).

What Happened?

According to the report:

  • The Court had issued a valid release order for a prisoner.

  • The order reached the jail authorities, but the prisoner was not released.

  • He spent five unnecessary and unlawful days inside the jail.

  • The Court viewed this as a gross violation of constitutional and human rights.

  • Consequently, the Court imposed a ₹2 lakh fine on the concerned jail officials.

This raises serious questions about administrative negligence and misuse of authority inside correctional institutions.

Role of Santosh Upadhayay — Standing Firm for Prisoners’ Rights

This case came to light and progressed towards accountability due to the consistent monitoring, follow-up, and advocacy led by Santosh Upadhayay, who has devoted years to the cause of prison reforms and detainee rights.

His interventions included:

  • Tracking the release order and ensuring legal compliance

  • Pressuring jail authorities to explain the illegal delay

  • Bringing the matter to media and human rights forums

  • Supporting the affected family

  • Advocating for systemic reforms to prevent such violations

Santosh Upadhayay emphasized:
“Keeping a person in custody even after a valid release order is unconstitutional and inhuman. This case must become a precedent for ensuring accountability in all prisons.”

Human Rights and Constitutional Context

Under Article 21 of the Indian Constitution, the right to life and personal liberty is inviolable. Any detention not sanctioned by law is illegal.

Judicial orders must be complied with immediately. Delay or refusal is tantamount to:

  • Contempt of court

  • Violation of human rights

  • Arbitrary detention

The incident is a reminder that prison systems must uphold the rule of law, not defy it.

Why This Case Matters

  1. Sets a strong precedent: Courts sending a message that illegal detention will not be tolerated.

  2. Highlights systemic weaknesses: Prison administration requires urgent reforms and oversight.

  3. Shows the impact of civil society action: The intervention by Santosh Upadhayay and Bandi Adhikar Manch brought visibility and justice.

  4. Protects vulnerable prisoners: Many detainees lack legal support, making such vigilance essential.

PVCHR & Bandi Adhikar Manch: A Partnership for Justice

Together, the two organizations work towards:

  • Monitoring illegal detentions

  • Ensuring compliance with court orders

  • Providing legal aid to affected prisoners

  • Advocating for humane prison conditions

  • Documenting and reporting custodial injustices

This case adds strength to their ongoing movement for prison reforms across India.

Conclusion

The unlawful detention of a prisoner for five extra days—even after a release order—constitutes a serious human rights violation. The Court’s decision to impose a ₹2 lakh penalty is a significant step toward accountability.

Behind this achievement stands the tireless advocacy of Santosh Upadhayay, Bandi Adhikar Manch, and PVCHR—whose persistent efforts continue to expose injustice and push for systemic reform.

This case serves as a reminder that justice is not complete until judicial orders are fully implemented, and that civil society vigilance remains indispensable for safeguarding the rights and dignity of prisoners.

Link for order: https://www.scribd.com/document/948663130/Despite-Release-Order-Prisoner-Not-Freed-for-Five-Days-Court-Imposes-2-Lakh-Penalty

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