Wednesday, February 8, 2023

Supreme Court disposes plea seeking Uniform Compensation Code for victims of malicious prosecutions

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The plea seeking a Uniform Compensation Code for compensating the victims of malicious prosecutions, was disposed by the Supreme Court on Thursday .

The Supreme Court said that a uniform guideline created by the Court would result in creating various complications in the matters that are listed before the trial courts and the High Courts.

The bench of Justice U. U. Lalit and Justice S. Ravindra Bhat observing the matter said  “The nature of relief prayed is in the realm of laying down something by way of guidelines or in the nature of legislation. It will not be possible for this court to utilise its process for these matters”

The Court  said that Union of India and other agencies and stakeholders have been invited to the case and it  is now left for them to take a decision.

The petition was filed by Ashwini Kumar Upadhyay before the Apex Court for giving directions to the Centre for framing guidelines for compensation to victims of wrongful prosecutions and implement the recommendations of the Law Commission’s Report No. 277.

Upadhyay has  sought framing of guidelines for compensation to victims of wrongful prosecutions.

He further said in the petition that ,”Wrongful prosecution and incarceration of innocent persons with no effective statutory and legal mechanism available to the innocent persons to address the same, is causing “miscarriage of justice” which has created a concept of blackhole in the criminal jurisprudence of our Country.”

The lawyer said it is due to the lack of ineffective mechanism of prosecution, the cases never get solved and pendency increases. The burden of failed judgement falls on judiciary due to number of cases that remain pending.

Ashwini Upadhyay also added that lack of any such machinery, also results in of false and vexatious cases being filed.

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