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Plea in SC against wrongful prosecution

Topics Covered: Linkages between development and spread of extremism.

Plea in SC against wrongful prosecution:


Context:

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities.

Need for:

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.

  • This 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.

Way ahead:

The government should implement the recommendations made by the Law Commission of India in its 277th report on the miscarriage of justice in 2018.

  • The Commission had prepared the report on the basis of a Delhi High Court order in the Babloo Chauhan case in November 2017 to undertake a “ comprehensive examination of issue of relief and rehabilitation to victims of wrongful prosecution and incarceration”.

Background:

Undertrials account for nearly 70 per cent of India’s prison population. States including Uttar Pradesh, Karnataka, Madhya Pradesh and Delhi have recorded Covid-19 cases in their prisons. However, several ailing or elderly undertrials are denied bail due to the gravity of their offence, as the contagion reportedly sweeps through several prisons.

Sources: the Hindu.