MOTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 20 -10 -87, the following order was passed by this court:

(2.) IT is a case where the accused was acquitted on 22 -9 -1976 on the ground of insanity. The report of Superintendent, Manovagyanic Chikitasalaya, Jaipur dated 26 -10 -1977 sates that Ratania has been treated for insanity and he has been cured. For some reason or the other, Ratania continued to be detained. An application of Moti under Section 335 was dismissed by the District and Sessions Judge on the ground that the Court has got no jurisdiction now because earlier order has been passed not to give his custody to friend or next of kith and km under Section 338. It was only the State Government who is competent to pass order. No order has been passed by the State Government so far. Even though on 24 -1 -1983, the Collector, Chittorgarh wrote to the Deputy Secretary in the Home Department at Jaipur to release Ratania if some of his relatives takes responsibility to undertake his medical care and treatment. The letter dated 24 -1 -1983 reads as under: .........[vernacular ommited text]...........

(3.) MOTI , who is a near relative of Ratnia, is struggling hard for getting his release after his acquittal in 1976 but unfortunately on account of technical delaying correspondence between the Collector and the Government some times and some times, between the Superintendent Jail and the Medical Authorities, Ratnia continued to be detained in jail even after his acquittal in 1976, i.e., for a period of 11 years. Even according to the provisions of sections 335 and 338 Cr. PC, prompt and immediate orders were expected from the concerned authorities but this case displays how scant regard has been raid to his liberty and how even after acquittal, a citizen has remained in jail for such a long period without proper orders under Section 338 by the Government, which should have been passed at least after the Collector recommended his release.