Supreme Court of India

Rudul Sah v State of Bihar

(1983) 4 SCC 141; AIR 1983 SC 108619831 min read
The case in brief30-second read
Facts
The petitioner was acquitted by a Sessions Court in 1968 but was released from jail only in 1982, more than 14 years later. He filed a habeas corpus petition under Art.32 and sought compensation.
Issue
Whether the Supreme Court can award compensation under Art.32 for unlawful detention.
Held
The detention after acquittal was wholly unjustified and violated Art.21. The Court can order compensation in proceedings under Art.32 as a palliative for the violation of fundamental rights, without prejudice to a regular civil suit for damages. The State was directed to pay compensation.
Principle
Compensation may be awarded under Art.32 for unlawful detention in violation of Art.21.
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Facts

  • The petitioner was acquitted by a Sessions Court in 1968 but was released from jail only in 1982, more than 14 years later. He filed a habeas corpus petition under Art.32 and sought compensation.

Issue

  1. Whether the Supreme Court can award compensation under Art.32 for unlawful detention.

Held

  • The detention after acquittal was wholly unjustified and violated Art.21. The Court can order compensation in proceedings under Art.32 as a palliative for the violation of fundamental rights, without prejudice to a regular civil suit for damages. The State was directed to pay compensation.

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Citation

Rudul Sah v State of Bihar (1983) 4 SCC 141; AIR 1983 SC 1086

Reported: https://indiankanoon.org/doc/810491/; Supreme Court of India judgment (api.sci.gov.in, judis 9759). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.