Supreme Court: State Cannot Delay Prisoner’s Release While Deciding on Appeal, Awards ₹11 Lakh Compensation

||Black and White Digital News ||

||July 09, 2026||

In the right to personal liberty under Article 21 of the Constitution, the Supreme Court has held that a State government cannot keep a prisoner behind bars merely because it is considering filing an appeal against a judicial order directing release.

A Bench of Justice Sanjay Karol and Justice Augustine George Masih ruled that the principle of “obey first, appeal later” must govern such situations. The Court observed that a judicial order remains binding unless it is stayed, modified, or set aside by a superior court, and merely contemplating or filing an appeal does not automatically suspend its operation.

The case arose after appellant Daudayal was kept in prison for 24 days despite a High Court order granting him permanent parole. The Rajasthan Government argued that it was considering challenging the parole order and, therefore, did not communicate the release directions to prison authorities. It also contended that the appellant was not entitled to permanent parole under the applicable rules.

Rejecting the State’s arguments, the Supreme Court held that the continued detention was illegal and violated the appellant’s fundamental right to life and personal liberty under Article 21. The Bench emphasized that allowing administrative delays to override judicial orders would make an individual’s liberty dependent on bureaucratic decision-making, which is impermissible.

The Court reiterated that detention becomes unlawful when the procedure adopted is not just, fair, and reasonable, or when judicial directions are ignored without any stay order from a superior court. It further noted that once permanent parole had been granted and the required sureties verified, there was no legal justification for delaying the appellant’s release.

Recognizing the 24-day illegal incarceration, the Supreme Court directed the Rajasthan Government to pay ₹11 lakh as compensation directly to the appellant’s bank account.

Case: Daudayal v. State of Rajasthan & Ors.

Bench: Justice Sanjay Karol & Justice Augustine George Masih

Judgment Date: May 29, 2026