"Will Create A Lot Of Complications": Supreme Court Refuses To Issue Guidelines On Compensation For Victims Of Wrongful Prosecution

"This will create a lot of complications", the Supreme Court of India orally observed on Thursday, while considering petitions filed by lawyer Ashwini Upadhyay and BJP leader Kapil Mishra seeking a uniform compensation code for victims of wrongful prosecution. A Division Bench of Justices UU Lalit and Ravindra Bhat, observed, "This will create a lot of complications….This involves law making. What is wrongful prosecution?" The Supreme Court further said that if guidelines to this aspect are framed, then Trial courts will then be bound by it. It's essentially adding a layer to the criminal process, the bench said. "It's a concern. In cases of POCSO, or domestic violence, all acquitted will allege wrongful persecution", the Bench asserted, Then, the Bench said, "for every second 498A petition, you will say is malicious." Senior Advocate Vijay Hansaria, appearing for the petitioner submitted that something serious will have to be done for the benefit of those persons who have been maliciously prosecuted. Further, the guidelines can be issued at the stage of final verdict, he said. "If it's malicious prosecution, something has to be done. Guidelines can be at the stage of final verdict.... Is it practical for a common man to file a suit against the State?" Also, the Law commission (Report No-277 on Miscarriage of Justice) has gone into this in detail, Hansaria further argued. In response, Justice Bhat observed, "It is easy for a person to look at the Law commission reports and file PILs...." Also, it was added that the court did not have sufficient data with regard to the number of cases where wrongful prosecutions had taken place. "How many such wrongful prosecution has taken place, etc. We don't know. We don't have any material apart from the 3-4 anecdotal cases that you have mentioned. Should we use our judicial powers and processes for this?" While disposing of the matter, the Bench observed, "The attention of the Union of India and relevant agencies has been invited to the case portrayed in the form of this petition. It is now left to the concerned agencies and instrumentalities to take appropriate action. We, therefore, do not see any reason to entertain this petition any longer. Therefore, the petitions are disposed of." As per Upadhyay's plea, the absence of effective statutory or legal scheme for providing mandatory compensatory scheme to victims of wrongful malicious prosecutions and incarceration of innocents, infringes fundamental rights guaranteed under Article 14 and 21 of the constitution. He pointed out that filing of false cases often leads to suicides of innocents, who are made victims of police and prosecutorial misconduct. He submitted that the Centre cannot shy away from its obligation to safeguard and protect the right to life, liberty and dignity to every citizen. Therefore, it is for the Centre to evolve suitable statutory and legal mechanism to address and safeguard citizen rights guaranteed under Article 21 against wrongful prosecutions and incarceration of innocents by addressing the miscarriage of justice by suitable amendments in the IPC and CrPC on utmost priority. Case Title: Ashwini Kumar Upadhyay v. UoI WP(C) No. 327/2021

"Will Create A Lot Of Complications": Supreme Court Refuses To Issue Guidelines On Compensation For Victims Of Wrongful Prosecution

Rintu Mariam Biju

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