Compensation for excessive detention

When a competent court, upon conviction, sentenced an accused and in appeal, the sentence was modified upon confirmation of the conviction and then the appellate judgment had become final, the convict can be detained only up to the period to which he can be legally detained on the basis of the said appellate judgment - Compensation to the tune of Rs.7.5 Lakhs to be paid by the State holding that it is vicariously liable for the act/omission committed by its officers in the course of employment. Constitution of India, 1950; Article 19(1)(d) , 21 - When a convict is detained beyond the actual release date it would be imprisonment or detention sans sanction of law and would thus, violate not only Article 19(1) (d) but also Article 21 of the Constitution of India. (Para 17) Code of Criminal Procedure, 1973; Section 386 (e) - Power to make any amendment or any consequential or incidental order that may be just or proper would be available, of course in appropriate cases falling under any of the four categories of appeals mentioned under clauses (a) to (d) - The twin provisos under clause (d) carry restrictions in the matter of exercise of power under clause (e), with respect to enhancement of sentence and infliction of punishment - The power thereunder can be exercised only in rare cases. (Para 18) Interpretation of Statutes - All interpretations must subserve and help implementation of the intention of the Act - This is applicable while interpreting any provision in any statute especially when the power under that provision is conferred to pass orders that may be just or proper. Referred to Ambica Quarry Works Vs. State of Gujarat AIR 1987 SC 1073. (Para 18) Constitution of India, 1950; Article 142 - Court can grant appropriate relief when there is some manifest illegality or where some palpable injustice is shown to have resulted. Such a power can be traced either to Article 142 of the Constitution of India or powers inherent as guardian of the Constitution. Referred to A.R. Antulay V. R.S. Nayak (1988) 2 SCC 602. (Para 19)