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1983 Supreme(SC) 200

RANGANATH MISRA, Y. V. CHANDRACHUD, A. N. SEN
Rudul Sah – Appellant
Versus
State Of Bihar – Respondent


Advocates:
D.GOVERDHAN CHARY, K.HINGORANI

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




















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