Judgment

CHANDRACHUD, CJI.:- This Writ Petition discloses, a sordid and disturbing state of affairs. Though the petitioner was acquitted by the Court of Session, Muzaffarpur, Bihar, on June 3, 1968 he was released from the jail on October 16, 1982, that is to say, more than 14 years after he was acquitted. By this Habeas Corpus petition, the petitioner asks for his release on the ground that his detention in the jail is unlawful. He has also asked for certain ancillary reliefs like rehabilitation, reimbursement of expenses which he may incur for medical treatment and compensation for the illegal incarceration.

2. This petition came up before us on November 22, 1982 when we were informed by Shri Goburdhun, counsel for the State of Bihar, that the petitioner was already released from the jail. The relief sought by the petitioner for his release thus became infructuous but despite that, we directed that a Notice to show cause be issued to the State of Bihar regarding prayers 2, 3 and 4 of the petition. By prayer No. 2 the petitioner asks for medical treatment at Government expense, by prayer No. 3 he asks for an ex gratia payment for his rehabilitation, while by prayer No. 4 he asks for compensation for his illegal detention in the jail for over 14 years.

3. We expected a prompt response to the Show Cause Notice from the Bihar Government at least at this late stage, but they offered no explanation for over four months. The Writ Petition was listed before us on March 31, 1983 when Shri Goburdhun restated that the petitioner had been already released from the jail. We passed a specific order on that date to the effect that the release of the petitioner cannot be the end of the matter and we called upon the Government of Bihar to submit a written explanation supported by an affidavit as to why the petitioner was kept in the jail for over 14 years after his acquittal. On April 16, 1983, Shri Alakh Deo Singh, Jailor, Muzaffarpur Central Jail, filed an affidavit in pursuance of that order. Shorn of its formal recitals, the affidavit reads thus:

"2. That the petitioner was received an 25-3-67 from Hazaribagh Central Jail and was being produced regularly before the Additional Sessions Judge, Muzaffarpur and on 30-8-68 the learned Judge passed the following order :

"The accused is acquitted but he should be detained in prison till further order of the State Government and I. G. (Prisons), Bihar.

(A true copy of the same is attached as Annexure I).

3. That accused Rudul Sah was of unsound mind at the time of passing the above order. This information was sent to the Law Department in letter No. 1838 dated 10-5-74 of the Superintendent, Central Jail, Muzaffarpur through District Magistrate, Muzaffarpur.

4. That the Civil Surgeon, Muzaffarpur, reported on 18-2-77 that accused Rudul Sah was normal and this information was communicated to the Law Department on 21-2-77.

5. That the petitioner, Rudul Sah was treated well in accordance with the rules in the Jail Manual, Bihar, during the period of his detention.

6. That the petitioner was released on 16-10-82 in compliance with the letter No. 11637 dated 14-10-82 of the Law Department."

4. The Writ Petition came up before us on April 26, 1983 when we adjourned it to the first week of August 1983 since it was not clear either from the affidavit filed by the Jailor or from the order of the learned Additional Sessions Judge, Muzaffarpur, which is annexed to the affidavit as Annexure I, as to what was the basis on which it was stated in the affidavit that the petitioner was of unsound mind or the reason why the learned Additional Sessions Judge directed the detention of the petitioner in jail, until further orders of the State Government and the Inspector General of Prisons.

5. The writ petition has come up for hearing once again before us today. If past experience is any guide, no useful purpose is likely to be served by adjourning the petition in the hope that the State authorities will place before us satisfac