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Editor: Nagaraja.M.R.. Vol.16.....Issue.57..............07/06/2020
Letter to Honourable Chief Justice of India
Ref petition no : DEPOJ/E/2020/02911.
Law student moves Supreme Court seeking compensation for wrongly incarcerated "victims of the system" who are later acquitted
"...if the accused is acquitted after spending many years behind bars naturally makes him victim of the system, thus the compensation and rehabilitation should be awarded to the acquitted person who has suffered."
A fifth-year law student has filed a PIL before the Supreme Court for the enactment of laws to provide compensation and rehabilitation for wrongfully incarcerated persons who were later acquitted after having languished in prisons for long on account of their wrongful prosecution and incarceration.
Additionally, a direction is also sought for the implementation of the 277th report of the Law Commission of India on ‘Wrongful Prosecution (Miscarriage of Justice) and Legal Remedies' (2018).
The plea says that the word "victim" defined under Section 2(wa) and in Section 357-A of the Criminal Procedure Code (CrPC) must be interpreted to also include those persons who were wrongfully incarcerated and who were acquitted subsequently.
Section 357-A, CrPC provides for a victim compensation scheme. The ambit of this provision must also include victims of wrongful incarceration, it is submitted.
"...if the accused is acquitted after spending many years behind bars naturally makes him victim of the system, thus the compensation and rehabilitation should be awarded to the acquitted person who has suffered as a result of the crime."
The petition says.
Invoking Articles 14 and 21 of the Constitution of India and the Supreme Court's role as the protector of these rights, the petitioner says that people who have spent years languishing in jails over wrongful persecution and incarceration lose many precious years of their lives.
The delays caused due to the legal and criminal justice system lead to a violation of the rights under Article 21 of such a person, the petition elaborates.
"Some amount of compensation or rehabilitation scheme would help the victim of the system to gain back his/her reputation and build a fruitful life again with dignity."
The petitioner reasons.
It is noted further that the apex Court itself, while dealing with such cases of wrongful incarceration, has awarded compensation to acquitted persons. However, the benefit of such compensation does not get extended to most people who are similarly placed in the absence of a statute to this effect, it is pointed out.
In addition to the 2018 report of the Law Commission on this issue, India is also a signatory to the International Covenant on Civil and Political Rights 1966 (ICCPR) and has ratified the same. Article 14 of this international law requires signatory States to provide compensations in a time-bound manner. However, there is no statute in India to benefit acquitted persons who are victims of the system, the petitioner highlights.
To emphasize the magnitude of the number of undertrial prisoners in India, the petitioner cites data by the National Crime Relations Bureau (NCRB) which shows that the conviction rate in India is lower than the acquittal rate.
People who spend years in jail and are eventually acquitted are left behind in the society and face severe agony and need to be appropriately compensated and rehabilitated for being victims of the legal system, the petition says.
The petitioner, Yash Giri has filed his plea through Advocate Mithilesh Kumar Singh.
PIL – Compensate Prisoners illegally detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.
2. Question(s) of Law:
Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,
Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases to perform their duties.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
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