Rudul Shah V. State of Bihar & Anr - Synopsis
Ahir Mitra 15 Jun 2021

Rudul Shah v. State of Bihar & Anr.

1983 AIR 1086, 1983 SCR (3) 508

In this case, Article 32 of the Indian Constitution was being interpreted. In this case, first-time compensation has been awarded in the instance of a breach of basic rights. Mr. Rudal Shah was arrested in 1953 on suspicion of murdering his wife. He was acquitted by the Muzaffarpur Court of Sessions in Bihar in 1968. However, the petitioner was sentenced to 14 years in prison.

The petitioner filed a writ petition for habeas corpus before the Supreme Court under Article 32, demanding compensation for his wrongful detention. He also requested state-funded medical care. The petitioner had already been released from imprisonment when the case came before the court.

The state's jailor filed an affidavit in which he indicated that the Additional Sessions Judge in Muzaffarpur had issued an order, stating that the petitioner to be held in custody until further instructions from the state government and the I.G. (Prisons), Bihar, even if he was acquitted. Second, the petitioner was incompetent to stand trial. The medical examination confirmed that the petitioner was of sound mind

The issue was concerned in this instant case, under Article 32 of the Indian Constitution, can the Supreme Court grant compensation for a violation of a basic right and is the right to compensation in the event of a breach of basic rights included by Article 21.

The court ruled that the jailor's contention that the petitioner was insane, but there was evidence to upheld the same. The court ruled that the petitioner's detention was unlawful. The court ruled that the right to petition the Supreme Court under Article 32 for the enforcement of any of Part III of the Constitution's rights constitutes a basic right in and of itself. The court ruled that under Article 32 of the Indian Constitution, the Supreme Court might grant compensation for a violation of a basic right. In addition to the Rs 5000 previously paid, the court ordered the State Government to pay a compensation of rupees 30000.

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