SC declines to consider plea for guidelines to check wrongful prosecution

A bench of Justices U U Lalit and S R Bhat said the issue involves lawmaking and will create a lot of complications

The Supreme Court on Thursday declined to consider a plea for framing guidelines for compensation to victims of wrongful prosecution and action against those making fake complaints in criminal cases, saying the issue fell in legislative domain.

A bench of Justices U U Lalit and S Ravindra Bhat also pointed out the issue would create a lot of complications in the matters pending before the trial courts and the High Courts.

“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. It is now left to concerned agencies or instrumentalities to take appropriate action. We, therefore, see no reason to entertain any longer,” the bench said.

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Senior advocate Vijay Hansaria, appearing for the petitioners contended that there are no safeguards in case of malicious prosecution.

Separate PILs were filed by Delhi BJP leaders advocate Ashwini Kumar Upadhyay and former MLA Kapil Mishra.

Both the petitioners contended the cause of action for the instant pleas arose on January 28, 2021 when a division bench of Allahabad High Court declared one, Vishnu Tiwari, who remained in jail for 20 years as innocent, after being booked for rape and atrocities under SC/ST Act, due to a land dispute.

Upadhyay also sought a direction to implement the recommendations of the Law Commission’s report number 277, submitted on August 30, 2018, after undertaking a comprehensive examination of the issue of relief and rehabilitation to victims of wrongful prosecution and incarceration, on a direction by the Delhi High Court issued on November 30, 2017.

After the apex court's notice, the Ministry of Home Affairs, in its response, said there is a provision under Section 357 of Criminal Procedure Code for the courts to order payment to any person of compensation for any loss or injury caused by the offence. Section 357A of CrPC requires that every state government in coordination with the central government shall prepare a scheme for compensation to the victim or his dependents who has suffered loss or inquiry as a result of crime.

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It also said there is a defined process of law in criminal cases. A person is acquitted or convicted through judicial process with adequate checks and balances.

With regard to the Law Commission 's recommendation, the Centre said the subject fell in concurrent list and till date, the comments of 11 States (Assam, Haryana, Jammu & Kashmir, Mizoram, Odisha, Punjab, Sikkim, Uttar Pradesh, Himachal Pradesh, Meghalaya, Goa) and 4 UTS (Andaman & Nicobar Island, Chandigarh, Delhi, Lakshadweep) have been received.

"Amendment in the criminal law is a continuous process and amendments in laws are made taking into account views of various stakeholders including the state governments, there is no fixed time-frame for it," the Centre had said.