Wrongful prosecution: Plea in Supreme Court seeks framing, implementation of guidelines
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A petition has been filed in the Supreme Court highlighting the necessity for the federal government to border guidelines for compensating victims of wrongful prosecution by the police or authorities.
“Surprisingly, India with a population of around 1.5 billion has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which has not only destroyed the social fabric of the nation but also affected the over-burdened judiciary with alarming pendency of over 40 million cases,” a writ petition filed by Supreme Court advocate Ashwini Kumar Upadhyay mentioned.
The petition mentioned the federal government has not bothered to implement the suggestions made by the Law Commission of India in its 277th report on the miscarriage of justice in 2018.
The Commission had ready the report on the premise of a Delhi High Court order in the Babloo Chauhan case in November 2017 to “undertake a complete examination of concern of aid and rehabilitation to victims of wrongful prosecution and incarceration”.
Mr. Upadhyay urged that, being custodian of the Constitution and protector of the correct to life, liberty and dignity, the apex courtroom “may use its plenary constitutional power to frame the guidelines for compensation to victims of wrongful prosecutions”.
The petition mentioned innocents fall victims to the malice of the authorities who use the legal justice system to settle scores.
“Due to no fear of being prosecuted by courts and growing tendency to frame innocents for ulterior motives there has been unprecedented surge in filing of false cases,” the petition mentioned.
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