Acquitted Yet Detained: Jharkhand HC questions woman’s continued custody, summons Home Secretary
THE JHARKHAND STORY NETWORK Ranchi, Oct 1: The Jharkhand High Court on Thursday questioned the continued detention of a woman in Hazaribagh…
THE JHARKHAND STORY NETWORK
Ranchi, Oct 1: The Jharkhand High Court on Thursday questioned the continued detention of a woman in Hazaribagh despite her acquittal in a criminal case, asking the State to explain under what authority of law she was being kept in custody.
A Division Bench comprising Justice Sujit Narayan Prasad and Justice Akhil Kumar was hearing a petition filed by social worker Apurva Vivek, who sought the production and release of the detainee, identified as Rina Devi in the petition.
The court also took note of an allegation that the woman was sexually assaulted while in custody and directed the authorities to conduct an inquiry into the complaint. The Bench further summoned the Secretary, Home, Government of Jharkhand, to appear physically before it on October 5.
HC asks why acquitted woman remains in custody
The petitioner’s counsel, Ujjaini Chatterjee, appearing through virtual mode and assisted by advocate Ankit Apurva, submitted that Rina Devi continues to remain in custody despite her acquittal in G.R. Case No. 1647 of 2025, corresponding to Lohsinghna Police Station Case No. 88 of 2025.
The Bench specifically asked the State authorities to explain the legal basis for continuing her detention after her acquittal and whether she was being kept in a jail or a detention centre.
The court emphasised the constitutional protection of personal liberty under Article 21.
“We are living in the era of Article 21 of the Constitution of India, and the inherent liberty conferred upon a human being cannot be taken away without any authority of law,” the Bench observed.
Court orders inquiry into custodial rape allegation
During the hearing, the petitioner also raised an allegation that the detainee had been sexually assaulted by Ranjeet Mahto, a constable, allegedly over a period of two years between 2020 and 2022. The petition stated that a complaint had been made in this regard.
Taking note of the seriousness of the allegation, the High Court directed the Member Secretary of the Jharkhand State Legal Services Authority (JHALSA) to send the Secretary of the District Legal Services Authority (DLSA), Hazaribagh, along with a team to conduct an inquiry and record the detainee’s statement.
The Member Secretary, JHALSA, appeared before the court through virtual mode and informed the Bench that the DLSA Secretary and his team had gone to conduct the inquiry.
Hazaribagh SP assures court of probe
The court also directed the Superintendent of Police, Hazaribagh, to appear through virtual mode in view of the allegation involving a police official.
The SP appeared before the Bench and stated that a thorough inquiry into the alleged misconduct by Ranjeet Mahto would be initiated forthwith.
He also assured the court that appropriate security arrangements would be made for the detainee at the detention centre.
The Inspector General, Prisons, was also present in court and was asked to participate in the proceedings in view of the seriousness and sensitivity of the matter.
Appearing for the State, Additional Advocate General-III Ashutosh Anand submitted that the State would conduct a thorough inquiry.
Home Secretary to appear physically on October 5
Since the allegations involve a police official and the court has also raised questions about the detainee’s continued custody after acquittal, the Bench directed the Secretary, Home, Government of Jharkhand, to appear in person.
The Home Secretary has been directed to appear at 10.30 am on Monday, October 5, when the case will be taken up as the first matter.
The court also directed that the DLSA inquiry report be placed on record in a sealed cover and ordered that the Hazaribagh SP’s report also be brought on record.
Matter listed as first case on October 5
Considering the urgency of the matter, the Bench decided to take it up on priority. The court noted that Thursday was the first day of hearing and posted the case for October 5, 2026, as the first matter.
The High Court’s order records the allegations made before it and directs an inquiry; it does not make a finding that the alleged custodial sexual assault occurred.
