Gujarat High Court Slams Vadodara Jail Authority For 'Illegally' Detaining Convict, Orders Recalculation Of Set-Off Period For All Convicts

The Gujarat High Court on Friday (August 1) pulled up the Vadodara Jail Authority for "illegally" detaining a convict for 2 months and eight days while failing to rectify the error in calculating the set off period the convict was entitled to, observing that the authority acted arbitrarily and in complete disregard of the convict's fundamental rights. 

Quoting Mahatma Gandhi who had said, “The best way to find yourself is to lose yourself in the service of others", the high court observed that despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach. It further directed a comprehensive exercise to calculate the set-off period for all convicts, asking the Inspector General of Prisons to ensure that atmosphere of jails is akin to an Ashram. 

Justice Hasmukh D Suthar in his order observed that the conduct of respondent No.2 – Jail Superintendent, Vadodara reflected gross negligence and a callous attitude, as despite a specific direction issued on 11.07.2025 to recalculate the set-off period in accordance with the conviction warrant and to release the convict if eligible the  Authority continued to delay compliance. The court was hearing a convict's plea who despite being entitled to benefit of set-off period had not been released by the jail authority. 

It said that though ample time was granted to rectify the arithmetic error in calculation of the set-off period, respondent No.2 continued to justify the erroneous calculation. It remarked that the Jail record repeatedly reflected a set-off period of 4 months and 55 days, whereas the conviction warrant explicitly mentioned a set-off of 1 year, 4 months, and 1 day.

However instead of correcting the mistake, the State authorities "attempted to defend their flawed computation". 

It thereafter said:

"As per the Section 428 of the Cr.P.C. and Jail Manual and Form No. 50 of the Criminal Manual, once the set-off period is specified in the conviction warrant, the convict is required to undergo only the remaining sentence. The role of the Court is to determine the sentence; the responsibility of execution the sentence lies with the State. In this case, the Jail Authorities, instead of following the clear directions in the warrant, unilaterally reduced the set-off period, resulting in the petitioner undergoing an additional 2 months and 8 days of illegal detention, which amounts to wrongful confinement and a violation of Articles 19 and 21 of the Constitution of India. Such wrongful confinement, stemming from arbitrariness and highhandedness, reflects a complete disregard for the fundamental rights of the convict. Article 51A of the Constitution enjoins all citizens to show compassion toward living beings. Jail inmates, although convicts, do not lose their fundamental rights". 

Notably the high court had directed the immediate release of the convict on July 30 and also granted an opportunity to the officials to explain the basis of their erroneous calculation and their failure to rectify the same despite repeated directions. It said:

"However, rather than showing remorse, they again attempted to justify their actions based on the revoked circular dated 05.11.1988, which is contrary to established legal principles and precedents laid down by the Hon'ble Supreme Court, particularly in the case of State of Maharashtra v. Najakat Ali Mubarak Ali (2001) 6 SCC 311". 

Thus keeping these facts in mind the high court thought it fit to impose compensation upon the erring officers in this regard. However Respondent No.2 – the Jail Superintendent – voluntarily expressed her willingness to pay compensation to the convict applicant. 

The court thereafter said, "Considering the above, respondent No.2 is hereby directed to pay compensation of Rs.50,000/- (Rupees Fifty Thousand only) directly to the applicant-convict in his bank account". 

"Further, the respondent authority is directed to undertake a comprehensive exercise to recalculate the set-off period for all convicts as per their respective conviction warrants," the court said.

 The court said that after due verification, updated admission cards/tickets of convicts and relevant jail records shall be prepared in accordance with the circular dated 01.08.2025.

"The concerned judicial officers who are jail visitors are instructed that during their jail visits, they must verify jail records to ensure that no under trial prisoners or convicts remain illegally detained even for a minute beyond the completion of their sentence or granting of bail. It is hoped that the jail authorities will treat all inmates with humanity and sensitivity, following the Model Jail Manual, and do needful for rehabilitation of convicts and prisoners. The Inspector General of Prisons shall ensure that a friendly and compassionate atmosphere, akin to “Ashram,” is required to be created within the jails," the court added. 

Case title: RAJUBHAI DALSINGHBHAI NINAMA V/S STATE OF GUJARAT & ANR.

R/SCR.A/2129/2025

Click Here To Read/Download Order 

Citation: 2025 LiveLaw (Guj) 121