Court demands legal justification for prolonged custody post-acquittal and calls for thorough investigation into sexual abuse allegations against police constable
In a landmark judgment delivered on October 1, 2026, the Jharkhand High Court (Division Bench comprising Justices Sujit Narayan Prasad and Akhil Kumar) took cognizance of a habeas corpus petition concerning the unlawful continued detention of Ms. Rina Devi, a woman who had been acquitted in a criminal case but allegedly remained in custody beyond the completion of her sentence. The Court also addressed grave allegations of custodial rape and sexual abuse committed by a police constable named Ranjeet Mahto during her detention from 2020 to 2022.
The petition was filed under Article 226 of the Constitution of India by a social worker advocating for jail inmates' rights, seeking immediate production and release of the detenue, a judicial inquiry into the legality of her continued detention, and an independent investigation of the sexual abuse allegations. The Court questioned the State authorities on the legal grounds for keeping Ms. Rina Devi in custody despite her acquittal and directed that the matter be treated with urgency.
Highlighting the inviolability of personal liberty guaranteed under Article 21 of the Constitution, the Court emphasized that no individual's freedom can be deprived without lawful authority. It sought detailed explanations from the State regarding the basis of the detention-whether in jail or a detention center-and underscored the constitutional mandate safeguarding human liberty.
Given the severity and sensitivity of the custodial rape allegations, the Court instructed the Member Secretary of the Jharkhand State Legal Services Authority (JHALSA) to deploy the Secretary of the District Legal Services Authority (DLSA), Hazaribagh, to conduct a prompt inquiry by recording the detenue's statement. The DLSA's report was ordered to be submitted in a sealed cover for the Court's review.
Simultaneously, the Superintendent of Police (S.P.), Hazaribagh, appeared via virtual mode before the Court and assured a thorough and expeditious investigation into the accused constable's conduct. He further committed to ensuring adequate security arrangements for the detainee within the detention facility. The Court also summoned the Secretary of the Home Department, Government of Jharkhand, to appear in person on the next hearing date to address the institutional accountability in this matter.
This intervention by the Jharkhand High Court underscores the judiciary's proactive stance in protecting constitutional rights against arbitrary detention and custodial violence. The Court scheduled the next hearing for October 5, 2026, directing all relevant reports and authorities to be present for detailed examination.
This judgment reaffirms the fundamental principle that liberty is a core human right and any derogation must be strictly within the bounds of law. It also brings to the forefront the pressing need to eliminate custodial abuses and ensure justice and dignity for detainees under state custody.
Bottom Line:
Habeas corpus petition concerning continued detention of detenue even after acquittal - High Court held that personal liberty under Article 21 cannot be taken away without authority of law - Court sought explanation regarding legal basis of custody, directed inquiry into allegations of custodial rape by police constable, called for reports from DLSA and Superintendent of Police, and directed appearance of Secretary, Home.
Statutory provision(s):
Article 21, Constitution of India, 1950; Article 226, Constitution of India, 1950
Apurva Vivek v. Union of India, (Jharkhand)(DB) : Law Finder Doc Id # 2992769
