'We Are Living In Era Of Article 21': Jharkhand High Court Questions Detention Of Woman After Acquittal
The Jharkhand HC has held that the liberty of a person cannot be taken away without authority of law and questioned the continued custody of a woman despite her acquittal in a criminal case.
A Division Bench of Justice Sujit Narayan Prasad and Justice Akhil Kumar was hearing a writ petition under Article 226 of the Constitution seeking production of Rina Devi before the Court for judicial scrutiny of the legality and continuance of her detention.
The petition was filed by a social worker dealing with issues concerning jail inmates. It was submitted that despite the detainee having been acquitted in G.R. Case No. 1647 of 2025 corresponding to Lohsinghna P.S. Case No. 88 of 2025, she continued to remain in custody.
The petitioner further submitted that the detainee had allegedly been subjected to rape continuously for a period of two years by one Ranjeet Mahto, a Constable, and that a complaint had also been made in this regard.
Considering the seriousness of the allegations, the Court directed the Member Secretary, Jharkhand State Legal Services Authority (JHALSA), to have the Secretary, District Legal Services Authority, Hazaribagh conduct an inquiry and submit a report.
The Member Secretary, JHALSA appeared through virtual mode and informed the Court that the Secretary, DLSA, Hazaribagh, along with his team, had gone to conduct an inquiry and record the statement of the detainee.
The Court also called upon the Superintendent of Police, Hazaribagh to appear through virtual mode in relation to the allegation of rape. The SP appeared before the Court and stated that a thorough inquiry into the alleged misconduct of Ranjeet Mahto would be conducted forthwith.
The Court specifically questioned the authorities as to under what authority of law the detainee was being kept in custody after her acquittal and whether she was being kept inside the jail or in a detention centre. The Court observed:
“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.”
In its order dated 01.10.2026, the Court noted that the matter was being heard for the first time and accordingly adjourned the proceedings, and directed that it be listed as the first case on 05.10.2026. However, no order for the said date had been uploaded.
Appearance:
For the Petitioner(s): Ms. Ujjaini Chatterjee, Advocate (Through V.C.); Mr. Ankit Apurva, Advocate
For the Respondent(s): Mr. Ashutosh Anand, A.A.G.-III