The Supreme Court has issued a notice in a Public Interest Litigation filed by BJP leader Ashwini Kumar Upadhyay that sought directions to the Centre for framing guidelines for compensation to Wrongful Prosecution victims. Another prayer was the implementation of the recommendations of the Law Commission Report on Miscarriage of Justice.
The Bench headed by Hon’ble Justice UU Lalit tagged the petition with another petition filed by Kapil Misra ( a BJP leader ) who sought similar directions; Misra had urged that the Centre should devise a mechanism to take strict action and prosecute fake complainants and to pay adequate compensations to people who were wrongfully prosecuted.
These petitions were filed after a rape accused was released from jail after twenty years after the Allahabad High Court acquitted him.
As per the petition, the government should pay compensation to victims of wrongful prosecutions as such an act infringes fundamental rights guaranteed under Article 21 and 14 of the Constitution. Upadhyay pointed out that false cases lead to suicides in some cases.
The plea also states that the Central Government cannot shy away from its obligation to protect every citizen’s right to life, dignity, and liberty. Therefore, there is a need for statutory and legal mechanisms to safeguard rights guaranteed under Article 21.
He also stated that the law is being misused, and a lot of fake and malicious complaints are being filed by people. He further stated that no action is taken against people who file false complaints.
The petitioner’s last prayer was that there should be a mechanism for speedy disposal of cases related to under-trial prisoners who are prosecuted under special Acts, and the said cases should be decided in a time-bound manner.