The Rajasthan High Court has directed a Tehsildar to personally pay ₹2 lakh as compensation to a man who remained in custody despite an appellate authority suspending his civil imprisonment, holding that the continued detention amounted to a grave violation of his fundamental right to personal liberty under Article 21 of the Constitution.
A Division Bench of Justice Farjand Ali and Justice Sunil Beniwal was hearing a habeas corpus petition filed by the detainee’s wife, who alleged that her husband, Ghamandnath, continued to remain in custody for about 53 days even after the Additional Divisional Commissioner, Ajmer suspended the order of civil imprisonment on April 15, 2026.
The detention arose from proceedings under Section 91 of the Rajasthan Land Revenue Act concerning alleged encroachment on government land. Although the sentence of three months’ civil imprisonment imposed by the Naib Tehsildar had been suspended pending appeal, the petitioner contended that the authorities failed to release her husband despite being informed of the appellate order.
During the pendency of the habeas corpus petition, the High Court had directed the detainee’s immediate release on June 8, 2026.
The Court held that once the sentence stood suspended, there was no legal basis to continue the detainee’s confinement. It observed that, on the Tehsildar’s own admission, he became aware of the suspension order on June 1, 2026, yet failed to secure the detainee’s release until compelled by the High Court’s intervention on June 8. The Bench declared the detention from June 1 onwards to be illegal and unconstitutional, leaving it open for a departmental inquiry to determine whether the illegal detention commenced even earlier.
Calling personal liberty the most precious of all rights, the Court observed that every hour of detention after the suspension order constituted a continuing constitutional wrong. It emphasized that public officials are duty-bound to obey judicial and quasi-judicial orders unless stayed or set aside, and cannot disregard them on administrative grounds.
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The Bench further noted that the detainee was living with HIV and required continuous medical treatment, while his wife, who pursued his release, was herself battling cancer. The Court held that the prolonged detention caused not only deprivation of liberty but also severe human suffering and medical hardship.
Holding the Tehsildar personally accountable, the Court directed him to pay ₹2 lakh from his own income or property within 45 days. It expressly prohibited the State Government from reimbursing or indemnifying the officer, observing that the liability arose from his personal unlawful conduct.
The Court also ordered the Additional Chief Secretary (Revenue) to initiate a time-bound departmental inquiry into the Tehsildar’s conduct, including whether he had actual or constructive knowledge of the suspension order before June 1, whether the petitioner’s representations were ignored, and whether he wilfully disobeyed the appellate authority’s order. The inquiry is to be completed within 90 days.
Pending the inquiry, the High Court directed that the Tehsildar be removed from his field posting, attached to the Revenue Headquarters, and barred from accessing the Tehsil office, official records, or exercising any field or quasi-judicial functions. The Court observed that allowing him to continue in the same office could compromise the fairness of the disciplinary proceedings.
Reiterating that the writ of habeas corpus remains the foremost safeguard of personal liberty, the Bench observed that constitutional courts must not only order release from unlawful detention but also award meaningful compensation and ensure accountability where fundamental rights have been violated.
