An affidavit was filed by the Superintendent of Central Jail which stated that the total sentence undergone by the appellant, excluding remission, was only 8 years 1 month and 29 days. It was submitted that since he failed to pay the compensation ordered, he was to undergo one more year of imprisonment.
Examine this, the court found it “disturbing” that a purposeful omission was made to make any mention about the period of remission to which the appellant was entitled.
Further, it was found that even going by the affidavit, imprisonment was in excess of what was he was to suffer legally.
“We find no reason to accept so-called justification and we will explain the raison d’etre for our disinclination and also for our inclination to grant compensation,” the Court said.
Another aspect the Court considered serious was that the the respondent was feigning ignorance about the High Court’s judgment.
Source: Barandbench
