Live Law: New Delhi: Sunday, July
31, 2016.
The Central
Information commission has directed the Jail authorities and the Government of
National capital Territory of Delhi to declare their policy in the form of
citizen charter under Section 4(1)(b), (c) and (d) of Right to Information Act,
2005 explaining rights of prisoner in the jail especially with regard to
remission and remedy for wrongful extra detention. The policy must elucidate as
to the amount they will entitled per day and explain the procedure to claim
that compensation, on their website as required to be disclosed voluntarily
under Section 4(1)(c) of Right to Information Act.
The Appeal
was filed by Mr. O P Gandhi, seeking compensation for the extra 18 days
detention in jail. The appellant was convicted under Section 138 of the
Negotiable Instruments Act for dishonour of cheque for insufficiency, etc., of
funds in the account. The trial went on for 3 years and the appellant was
convicted on 26th November 2013 for a period of one year simple imprisonment
and fine.
As per the
term of imprisonment, he was supposed to be released on 24th October 2014.
However, he was entitled to remission for 83 days on various counts, which was
agreed to and confirmed by the authorities through responses to his as many as
36 RTI applications concerning the gross injustice meted out to him in Jail.
Seeking
timely release of appellant, his son wrote to the Jail authorities intimating
them about the exact release date. Further, the appellant also wrote to the
authorities on 4th August 2014, two days after the supposed release date. The
Jail authorities denied receipt of any such letter.
The grave
omission on part of the Jail authorities delayed the release of the appellant.
Information
Commisioner Prof. Acharyalu, directed the Tihar Jail authorities and the GNCTD
to explain why they should not be ordered to pay suitable compensation for
causing loss and for other detriment caused by denial of information, besides
Rs. 1,000 as costs to appellant for attending the hearing. The Commission
further directed Mr. Pramod Kumar Gupta, PIO to show-cause why maximum penalty
should not be imposed against him for wrongfully denying the information to
appellant, within 30 days from the receipt of this order.
In plethora
of cases, the Supreme Court has generated prisoner rights jurisprudence valuing
the life and liberty of unfortunate people. Prisoner’s rights have been
recognized not only to protect them from physical discomfort or torture in
person, but also to save them from mental torture.
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