SC refuses to entertain pleas seeking guidelines for compensation to victims of wrongful prosecution
Aug 18, 2022
NEW DELHI: The Supreme Court Thursday refused to entertain two separate pleas seeking directions to the government to frame guidelines for compensation to victims of wrongful prosecution and to ensure strict action against fake complainants in criminal cases.
A bench of Justices U U Lalit and S R Bhat said the issue involves lawmaking and will create a lot of complications.
"The nature of relief prayed for is in the realm of laying down guidelines or in the nature of the legislation. It will not be possible for this court to utilise its processes. The attention of the Union of India and relevant agencies have been invited to the case portrayed in the form of a petition. It is now left to concerned agencies or instrumentalities to take appropriate action. We, therefore, see no reason to entertain any longer. The wit petitions are disposed of," the bench said.
Senior advocate Vijay Hansaria, appearing in the matter, submitted that there are no safeguards in case of malicious prosecution.
The top court on March 23, 2021, while issuing notice to the Centre on one of the pleas filed by advocate Ashwini Upadhyay and BJP leader Kapil Mishra, had refused to issue notices to the states and National Human Rights Commission (NHRC).
Upadhyay had sought directions to the Centre, all states, and Union Territories to frame and implement guidelines to compensate victims of "wrongful prosecution" through government machinery.
Mishra, in his plea filed through advocate Ashwani Kumar Dubey, had sought directions to the Centre for framing guidelines to ensure strict action against fake complainants in criminal cases and for compensating victims of such wrongful prosecutions.
The petitions were filed in the apex court in the backdrop of a case in which the Allahabad High Court had in January declared a man, earlier convicted in a rape case and jailed for around 20 years, innocent observing that the motive behind the FIR was related to a land dispute.
