Jharkhand High Court, Citing Article 21, Questions The Continued Detention Of Acquitted Woman Rina Devi

A Question of Liberty: Court Intervenes in Woman's Post-Acquittal Detention

In a significant intervention, a Division Bench of the Jharkhand High Court at Ranchi, comprising Justice Sujit Narayan Prasad and Justice Akhil Kumar, has raised serious questions over the continued detention of a woman who was acquitted in a criminal case. The Court, hearing a habeas corpus petition filed by social worker Apurva Vivek, sought to know under what authority of law the detainee, Rina Devi, remains in custody despite her acquittal in G.R. Case No. 1647 of 2025.

Allegations of Custodial Rape Surface

The petition also brought to light disturbing allegations that Rina Devi was subjected to rape by Constable Ranjeet Mahto over a period of two years, between 2020 and 2022. A complaint in this regard has already been made. The Court took cognizance of the seriousness of these allegations and called for an immediate inquiry.

Court Orders Multi-Pronged Inquiry

The Court directed the Member Secretary of the Jharkhand State Legal Services Authority (JHALSA) to have the Secretary of the District Legal Services Authority (DLSA), Hazaribagh, conduct an inquiry and submit a report in a sealed cover. The Member Secretary appeared via virtual mode and informed the Court that the DLSA Secretary, along with his team, had already gone to record the detainee's statement.

Additionally, the Court summoned the Superintendent of Police, Hazaribagh, who appeared virtually and assured the Court that a thorough inquiry into the alleged misconduct of Constable Ranjeet Mahto would be initiated forthwith. The SP also promised to ensure proper security arrangements for the detainee at the detention centre.

The Legal Basis for Detention

The Court specifically questioned the State as to why Rina Devi continues to be held after her acquittal, whether in jail or a detention centre. The judges observed that the matter touches upon the fundamental right to life and personal liberty under Article 21 of the Constitution.

'We Live in an Era of Article 21': Key Observation

In a powerful observation, the Bench stated:

"We are living in era of Article 21 of the Constitution of India and, the inherent liberty conferred to the Human Being cannot be taken away without any authority of law ."

The Court emphasized that liberty cannot be curtailed arbitrarily and requires clear legal sanction.

What Happens Next

The Court adjourned the matter to 05.10.2026, directing it to be listed as the first case. It also summoned the Secretary, Home, Government of Jharkhand, to appear physically at 10:30 AM on the next date. The Court expects reports from the DLSA and the SP, Hazaribagh to be placed on record. The case will now be closely watched as it raises critical questions about the sanctity of acquittals and the accountability of law enforcement agencies.