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Daudayal v. The State of Rajasthan

Criminal Appeal · 2026 INSC 599Decided 29 May 2026
Crl.A. No.-002973-002973 - 2026
Justice Sanjay Karol · Justice Augustine George Masih

Background

The appellant, convicted in 1988 and later arrested in 2021 to serve his sentence, applied for permanent parole, which was rejected. A High Court Single Judge later directed his release on bail-like conditions, but even after he complied with those conditions the jail authorities did not release him. He had to approach a Division Bench, which ordered his immediate release, but by then 24 extra days had passed beyond when he should have been freed. He sought Rs. 8 lakhs compensation for this period of illegal detention.

Decision Breakdown

The Supreme Court surveyed a line of precedents (Bhim Singh, Nilabati Behera, S. Nambi Narayanan, and others) establishing that monetary compensation under Article 32/226 for violation of Article 21 is a public-law remedy, distinct from private damages, meant to hold the State accountable for breaching its duty to protect fundamental rights. It held that once a court has ordered a person's release and verification of sureties is complete, the State cannot delay compliance merely due to slow internal, bureaucratic processes such as deciding whether to appeal: liberty cannot be kept on hold for administrative convenience, and the fact that the person was a convict did not diminish his rights. Finding the 24-day delay in releasing the appellant despite full compliance with the release order to be unexplained and unjustified, the Court held he was entitled to compensation for this period of illegal custody. It awarded Rs. 11,00,000 (eleven lakhs), to be deposited directly into his bank account, and allowed the appeal.

Lesson Learnt

Once a court orders a person's release and the conditions for release have been met, the State must act immediately: delay caused by internal administrative or bureaucratic processes (such as deciding whether to appeal) is not a valid excuse, and unjustified continued detention despite a release order can attract substantial monetary compensation as a public-law remedy for violation of the right to personal liberty.

Official source (sci.gov.in)View Judgment (PDF)

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