Gujarat High Court Directs Jail Superintendent To Pay Compensation Of ₹ 50000 To Convict Detained For Additional 2 Months Due To Wrong Calculation Of Set-Off Period

The Gujarat High Court slammed the Jail Superintendent, Vadodara and other Prison Officers for illegally detaining the convict for additional 2 months and 8 days due erroneous calculation of set-off period and directed payment of compensation of Rs. 50,000.

The Applicant was illegally detained by the Jail Authorities for 2 months, 8 days, despite being directed by the High Court to recalculate the set-off period in accordance with the conviction warrant and release the Applicant if eligible.

The Bench of Justice Hasmukh D. Suthar observed, "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 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.”

Advocate A A Zabuawala represented the Applicant, while Advocate Hardik Dave represented the Respondent.

Case Brief

On July 11, 2025, the Jail Superintendent, Vadodara was directed by the High Court to recalculate the set-off period in accordance with the conviction warrant and to release the Applicant if eligible, but the Jail Authority continued to delay compliance.

The Court also granted time to rectify the error in the calculation of set-off period, however, the Jail Superintendent continued to justify the erroneous calculation.

Resultantly, the Court directed the immediate release of the Applicant in question.

Court’s Analysis

The Court noted in its earlier order that the conduct of the Jail Superintendent, Vadodara reflected “gross negligence and a callous attitude.”

The Court also noted that though ample time was granted to rectify the arithmetic error in the calculation of the set-off period, Jail Superintendent continued to justify the erroneous calculation.

“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. Instead of correcting the mistake, the State authorities attempted to defend their flawed computation”, the Court added.

Further, the Court was of the opinion that the Jail Superintendent, Deputy Superintendent, and Senior Jailors, rather than showing remorse, again attempted to justify their actions based on a revoked circular, which was contrary to established legal principles.

The Bench referred to Section 428 of the Cr.P.C., Jail Manual and Form No. 50 of the Criminal Manual and opined that once the set-off period was specified in the conviction warrant, the convict was required to undergo only the remaining sentence.

The Court emphasised on the fundamental rights of the jail inmates and observed that the wrongful confinement, stemming from arbitrariness and highhandedness, reflects a complete disregard for the fundamental rights of the convict.

“Despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach”, the Court said.

Keeping in mind the constitutional guarantees to citizens under Articles 14, 19, and 21 of the Constitution of India, the High Court directed the Jail Superintendent to pay compensation of Rs. 50,000 to the Applicant.

Further, the Court directed the Jail Authority to undertake a comprehensive exercise to recalculate the set-off period for all convicts as per their respective conviction warrants.

“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”, the Court added.

The Court also said that the Inspector General of Prisons shall ensure that a friendly and compassionate atmosphere, akin to “Ashram,” was required to be created within the jails.

Cause Title: Rajubhai Dalsinghbhai Ninama V. State of Gujarat & Anr. (Neutral Citation:2025:GUJHC:43863)

Appearance:

Applicant: Advocate A A Zabuawala

Respondents: Advocates Hardik Dave (Public Prosecutor), Shruti Pathak, Manan Mehta (APP) for Respondent No. 1

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