Patna, Aug. 13: The state human rights commission today awarded a compensation of Rs 50,000 in a case of unauthorised detention, suggesting that the government recover the money from the salary of the erring officials.

The issue relates to one Sonu Kumar Singh, a resident of Naya Tola in Jamui district, who was not released from jail despite being acquitted by local courts in two cases as the authorities concerned failed to produce him in a Delhi court in connection with a separate case.

Sonu’s father Parmanad Singh approached the commission alleging that the Rohini (Delhi) court had sent a production warrant to the Jamui jail superintendent on July 22, 2011, asking him to be produced on August 30. Despite the passage of three months, Sonu was not sent to Delhi. He also stated that the offence, for which his son was to be produced, was bailable. Had he been produced in the court pursuant to the production warrant, he would have been released on bail.

On January 10, the commission called for a report from the Jamui superintendent of police (SP). As the report was not forthcoming, it fixed an oral hearing on February 15, where the Jamui SP submitted a copy of the order of the metropolitan magistrate of Rohini court (dated February 7) showing that Sonu was produced and granted bail.

In its order of February 17, 2012, the commission observed: “The complaint of the applicant, it would thus appear, stands proved. It is clear that had the applicant’s son been produced at the court in Delhi earlier he would have been granted bail in routine as a matter of course since the offence is bailable in nature. It would thus follow that the detention of Sonu as a result of non-production in Rohini court was totally unjustified.”

“It is thus clear that if the officials had shown due awareness and acted promptly, Sonu could have been produced in Rohini court some time in the first week of October 2011, but the production took place on February 7, 2012 — only after the commission intervened in the matter,” the commission observed on February 17, adding: “In the circumstances, the detention of Sonu from first week of October to February 7 was totally unjustified.”

A notice was accordingly issued to home (special) department secretary as to why compensation should be not awarded. Instead of filing a show-cause, the department asked the director-general of Bihar police to submit a report directly to the commission.

No such report was filed despite two adjournments and reminders issued by the commission in April and June.

The commission directed the home (special) department secretary to pay the amount to the victim within a period of six weeks and submit compliance report.

While issuing the directive, the commission chairperson Justice S.N. Jha also observed that the state government would do well to recover the amount from the salary of the erring officials in accordance with law.