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TMI Blog1987 (5) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... . R. No. 242/77 and Sessions Case No. 50(N-M) of 1981 along with High Court Memo No. 308/Crl. dt/- 22-1-85 under his Memo No. 113 dt/- 25-1-85 on 2-2-85 to the Tezpur District Jail where it was received on 2-2-85. The Superintendent of the District Jail, Tezpur on the same day endorsed it to the then Jailor, who in turn is stated to have endorsed it to the then Assistant Jailor and no release order or modified warrant from the Sessions Court was stated to have been received at their end. It appears the Assistant Jailor stated that he did not receive the letter and hence no immediate action was taken. Ahmed Ali was retransferred from Tezpur District Jail to Nowgong Special Jail on 17-6-85 vide I. G. Prisons Order dt/- 30-5-85, on application of the convict made in 1984, without giving effect to the High Court-judgment. The copy of the High Court judgment was received at Nowgong Jail on 28-7-85. He was released on 28-7-85 from the Special Jail, Nowgong where he stayed from 17-6-85 to 28-7-85. Ahmed Ali sent an application to the then Chief Justice complaining about the delay in releasing him, whereupon by order of the Chief Justice dt/-11-2-86 the contempt proceeding was started. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther action. We accordingly wanted to know from the Assistant Jailer Shri Bikash Bijoy Das himself as to how he proceeded after the work was entrusted to him by the then jailer. Notice was issued to him to show cause as to why appropriate action should not be taken against him for his failure to produce the relevant records and other particulars as required under the provisions of Rule 546 or any other relevant Rule of the Jail Manual, before the Superintendent, Tezpur district Jail on 2-2-85 or any other day thereafter. In his affidavit he denied the receipt of the letter endorsed by the Jailer and said that this communication was never handed over to him by the Jailer or any other officer; and that it was never shown in the Receipt Book of his office. On 15-7-86 after going through the affidavits filed by the Jailer and the Assistant Jailer, each blaming the other for the culpable delay in the release of the convict Ahmed Ali, we called for a report from the Inspector General of Prisons, Assam as to the person responsible for the aforesaid culpable delay in the release of the convict and the report was submitted. The Inspector General reported that the judgment copy of this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rliest period of his service career, he would never have dared to ignore important matter like release of convict prisoners as per order of the High Court and that he was not guilty of any lapses. 3. Mr. P. Prasad, learned Public Prosecutor, Assam submits that there was no intentional disobedience to the High Court's order and what happened was purely accidental and, as such, there was no contempt committed by any of the officers. According to Mr. Prasad both the Superintendent and the Jailer took prompt steps according to the conventional procedure and somehow the warrant got misplaced and the Assistant jailer could not, therefore, act upon it. There was also transfer of the convict from Central Jail, Nowgong to the District Jail Tezpur and again back to the Central Jail, Nowgong during the relevant period which also resulted in some delay, but, there was no negligence on part of any of the officers. 4. Mr. C. C. Deka, learned Counsel appearing for the Jailer, Shri Nilambar Dowarah also submits that there was no mala fide intention on the part of the Jailer in not releasing the convict, or for that matter, in not personally implementing the judgment and order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogether with correspondence relating to payment of fine, classification, etc., shall be filed and kept with the warrant of the prisoner to whose case they relate. Under Rule 545 of the Rules the Superintendent and Jailer are personally responsible for the correct release of prisoners. Under Rule 546 before the convict is released from jail the Jailer shall: (a) check the conditions of sentence given in the warrant and registers and satisfy himself of the title of the prisoner to release; (b) compare the marks of identification as given on the warrant and in the jail registers with the convict; (c) produce the convict with his clothing and other property, history ticket, warrant and the jail registers of admission and release before the Superintendent. Under Rule 154 the Jailer is the Chief Executive Officer of the jail and is immediately subordinate to the Superintendent. He is generally responsible for the observance of all prescribed rules and orders and for the supervision of the subordinate staff. Under R. 163 the Jailer shall be responsible for the custody of all warrants and for the strict enforcement of their terms; and that no prisoner is on any account released before his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving not received the communication he could not take steps and as such he could not be held guilty of any negligence of duty in this regard. 10. As defined in Section 2(a) of the Contempt of Courts Act, 1971, shortly the Act, Contempt of Court means civil contempt or criminal contempt. As defined in Clause (b) civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. It implies a direct obligation or undertaking to the Court. There was no such undertaking on the part of the three officers in this case, the High Court Judgment being not addressed to them personally. 11. Criminal contempt' means the publication (whether by words, spoken, written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which - (i)....(ii) prejudices, or interferes or tends to interfere with, the due course of any, judicial proceeding; or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner . In the instant case there was no publicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the copy of the order served must be endorsed with a notice informing the person on whom the copy is served that if he neglects to obey the order within the time specified or where the order is prohibitory, if he disobeys the order, he is liable to process of execution to compel him to obey it. The Court will punish disobedience to an order of the Court, or non-compliance with an undertaking, if satisfied that the terms of the order or undertaking were clear and unambiguous, that the contemners had proper notice of those terms and their breach has been proved beyond reasonable doubt. 14. Applying the above principles to the facts of the instant case we do not find any deliberate or wilful disobedience to this Court's order and, as such we do not hold the officers guilty of contempt. We also take into consideration the apologies tendered by the Superintendent and the Jailer and the frank statement made by the Assistant Jailer. We are, however, of the view that because of undue detention in jail beyond the due date of his release the ex-convict Ahmed AH is entitled to reasonable compensation from the State. We accordingly order that ₹ 2,000A (Rupees two thousand) be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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