24-Jun-2025 04:52 PM
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New Delhi, June 24 (Reporter) The Supreme Court on Tuesday took strong exception to the continued detention of an accused in Ghaziabad jail despite its clear bail order, calling the episode a "travesty of justice" and warning of possible contempt proceedings against the jail authorities.
A bench comprising Justices KV Viswanathan and N Kotiswar Singh was hearing a plea alleging that the accused had not been released on bail solely because a sub-clause under Section 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, was not explicitly mentioned in the apex court's order dated April 29, 2025.
Finding the situation deeply disturbing, the Court observed, “This case presents a very unfortunate scenario.
The accused was granted bail by this Court on April 29, 2025, for offences under Section 366 IPC and Sections 3 and 5 of the 2021 Act. The trial court also issued a release order, yet the petitioner continues to be incarcerated.”
The Court issued a direction for the personal appearance of the Superintendent of District Jail, Ghaziabad, on Wednesday, and directed that the Director General (Prisons), Uttar Pradesh, appear virtually.
“We want to understand how a person can remain behind bars despite a Supreme Court bail order.
If what the petitioner says is true, it is not only ridiculous but contemptuous,” the bench said.
Justice Viswanathan sternly warned both sides, “If we find that your allegation is false, serious consequences will follow, including withdrawal of the bail.
But if this continued detention is due to the omission of a sub-clause, we will not hesitate to initiate contempt proceedings.
This is a matter of personal liberty, don’t take this Court for granted.”
The order, dictated in open court, noted that the petitioner had executed a personal bond as per the trial court’s direction and that the jail authorities were duly notified of his bail.
Yet, the petitioner remained in custody allegedly because the bail order did not specifically cite clause (1) of Section 5 of the 2021 Act.
The matter has been listed as the first item for hearing on June 25...////...