New Delhi, Feb 2 (PTI) The Delhi High Court has ordered action against erring officers of Tihar jail over the illegal detention of a man based on an "expired" production warrant despite a bail and release order passed in his favour.

The high court noted that Dharam Narayan Gautam was in unauthorised judicial custody since January 20, when his release order was issued and said, "accordingly, we direct the respondents to release the petitioner forthwith."

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The court said despite the fact that the release order was received by jail authorities on January 20 and there was no existing production warrant from G B Nagar court in Uttar Pradesh, the man continued to be in the illegal detention.

"Obviously, the petitioner could not have been detained on a stale production warrant which has no value in the eyes of law," a bench of justices Suresh Kumar Kait and Manoj Jain said.

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"The respondent/ State is directed to take appropriate action against the erring officers. The DG (Prisons) who is present in court has assured this court that no such lapse shall take place in future. We make it clear that if any lapse is found on the part of the officers of jail in this regard in future, strict action shall be taken by this court against them," the bench said.

It further directed the jail authorities concerned to place on record a report specifying the action taken against the erring officers and also about remedial steps taken to ensure that such lapses do not re-occur.

The court was hearing a plea by Gautam seeking direction to the authorities for his immediate release from custody at Tihar Jail.

Advocate Vishal Gosain, representing the petitioner, submitted that despite bail and release orders, Gautam was illegally detained by jail authorities.

According to the status report given by the authorities, it was admitted that the bail/release order of Gautam was received in jail on January 20. However, he was not released as there was one production warrant, albeit expired one, against him in an out-station case.

The authorities admitted that the September 30, 2022 production warrant was received from fast track court, GB Nagar and the man was to be produced on October 10, 2022.

However, he was never produced on that date before the court concerned and no further production warrant was received in the out-station case, the jail authorities stated.

The high court noted that the bail order in the Delhi case was passed on January 16 and the release order was issued by the court concerned on January 20 which was received by Tihar jail on the same day.

The court said instead of honouring the production warrant and producing the man before the court on October 10, 2022, the authorities have now woken up from slumber when he has already secured bail in the Delhi case.

The jail superintendent, who was present in the court, submitted that because of some communication gap, the petitioner was sent to GB Nagar court for production.

The court was informed by Gautam's counsel that a charge sheet was filed in GB Nagar case without arrest and summons have already been issued and the man is required to appear there on February 29.

The court asked Gautam to appear before the out-station court on February 29 failing which the court concerned would be at liberty to take action as per law.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)