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Adv. Ashwini Upadhyay moved the Supreme Court seeking directions to the Central Government to frame guidelines for people who have been wrongly prosecuted. Also, he sought implementation of recommendations of Law Commission Report No-277 on Miscarriage of Justice.
A Supreme Court bench of Justices UU Lalit and SR Bhat today disposed of a plea seeking direction to the Central Government to frame guidelines for compensation to victims of wrongful prosecution.
The court, while disposing of the Public Interest Litigation (PIL) plea, observed that the prayers in the petition were of such nature that would rather than framing guidelines require lawmaking.
The plea filed by Advocate Ashwini Kumar Upadhyay sought directions of the court to implement the recommendations of Law Commission Report No-277 on Miscarriage of Justice.
It stated that "the absence of effective statutory/legal scheme for providing a mandatory compensatory scheme to the victims of wrongful malicious prosecutions and incarceration of innocents, infringes fundamental rights guaranteed under Article 14 and 21 of the constitution."
It further stated, "False cases lead to suicides of innocents who are victims of police and prosecutorial misconduct, who lose hope and lives of their families get destroyed after years of delayed trials due to the noneffective machinery which only gets aggravated by denial/reluctance of taking penal actions in a routine manner by the Courts against the misconduct of investigating officers and vexatious complainants, mostly under the guile of absence of malice and defense of mistake done in good faith, which lead to miscarriage of justice."
In addition to this, Upadhyay sought direction to States to implement the Centre's guidelines for compensation to victims of wrongful prosecution and to give compensation to innocent people.
"Centre cannot shy away from its obligation to safeguard and protect the right to life, liberty and dignity to every citizen," the plea stated.
The court issued notice in the plea in April 2022 and directed the centre to file its reply.
When the matter came up for hearing today, the bench perused the reply of the centre and opined that the matter is in the realm of laying down guidelines or legislating.
Accordingly, the bench disposed of the plea and recorded in its order that it is not possible for it to utilize its processes.
It further held that the attention of centre and other agencies have been invited to the case portrayed in the form of the petition, therefore, it is now left to them to take appropriate action.
Cause Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.
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