Wrongfully Imprisoned For 12 Years, MP High Court Gives 1 Lakh Compensation
The Logical Indian Crew Madhya Pradesh
July 10th, 2018 / 6:10 PM
Image Credits: High Court Of Madhya Pradesh
The Madhya Pradesh High Court has directed the state to compensate two ‘accused’ who were falsely implicated in an abduction case. The judgement was pronounced on July 6. The court was of the view that if anyone gets falsely implicated because of poor investigation and tainted prosecution, that person deserves compensation from the state under the Right to Life.
A division bench comprising Justice SA Dharmadhikari and Justice Anand Pathak gave the verdict. The court granted a compensation of one lakh rupees to each of the accused acquitted,
“The Right to Life is a Fundamental Right enshrined under the Fundamental Rights of the Constitution, in the most coveted chapter (Chapter III of Fundamental Rights) of the Constitution coupled with the enlightenment displayed by the Preamble of our Constitution wherein Securing Justice to Citizens has been placed at the top of all virtues and is a democratic and welfare State, it is incumbent upon the State to take care of its citizens with motherly tenderness especially, when the organs of the State severely bruise a citizen. Therefore, this Court finds the instant case, a fit case for grant of compensation of Rs.1,00,000/- (one lac only) each, to both the appellants to be granted as compensation for the injustice inflicted over them by way of false implication.”
High court order
The court observed that the time has come when Rule of Law should be included in the essential components of infrastructure like road, water, electricity and so on. It also said that a mechanism should be created for scientific and methodical police investigation and scientific and systematic prosecution of the accused so that citizen may get justice and spirit of Right to Access Justice is fulfilled.
The Law Department, Home Department and the Prosecution Department of the State Government were asked to employ a continuous training programme or continuing education with the latest technology so that investigation and prosecution agency may march with the times and people at large be assured of their empowerment by way of Right to Access Justice.
“If appellants look in hindsight then the distance covered by them between this period is full of painful memories, remorse and agony. At this juncture, this Court feels that valuable period of 12 years of appellants has been consumed at the altar of false implication due to defective investigation and casually conducted trial with a poor appreciation of evidence by the trial Court,” said the court.
The court said that there is no such provision in the Code of Criminal Procedure (CrPC) for compensating the accused. However, the state cannot evade from its constitutional and tortious liability.
The trial court order
On October 10, 2008 appellants Nandu and Raja were convicted by the trial court under Section 364-A of IPC r/w Section 11/13 of the Madhya Pradesh Dacoity Vipran Prabhabit Khestra Act. They were sentenced to life imprisonment. Both of the appellants were already in jail for some other crime, as reported by Live Law
Read the order here
The Logical Indian take
The High Court in its judgement eloquently and passionately described the importance of rights enshrined in the Constitution and the ‘motherly tenderness’ with which state is supposed to take care of the citizens. However, two people were wrongfully imprisoned for over a decade. What kind of future awaits them? Their lives are in tatters, not to mention the emotional trauma of suffering in ignominy when they had not even committed the crime. How is the compensation of one lakh rupees fair? Is this what 12 years of one’s life in prison amounts to? Who should be held responsible for the original miscarriage of justice?
This is not an isolated incident. In our country, there are thousands, perhaps even lakhs, of people who are watching their lives pass them by as they languish in jails wrongfully convicted or awaiting a trial.
Written by : Ruchika Jha (Guest Author)
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