Jurists call for introspection and compensation upon acquittal in capital offences after prolonged incarceration
Senior counsel Amit Desai said that strictly legally speaking, the ruling highlights the vagaries of the system, especially when persons are facing a trial that attracts the hangman's noose.
By itself, languishing behind bars for years awaiting a ruling on death sentence confirmation, and more so if the accused believes he is innocent and the belief is reinforced publicly by an acquittal by the higher court on merits, the years lost is akin to "mental torture", said Desai.
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He said the time has come for the investigating officer to be made accountable so that the quality of the evidence gathered and placed for scrutiny during a trial measures up with fundamental rights, and the state must be saddled with the burden of compensation for flawed investigations.
Several lawyers said failure to produce admissible evidence when procedures are not followed needs to become actionable against such officers, citing the recent Supreme Court bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta.
The Supreme Court recently acquitted a man over "faulty investigation, shaky evidence, and non-examination of material witnesses" in a 2011 case and said Parliament can take a leaf from the book of foreign jurisdictions to compensate people acquitted after long incarceration.
Senior counsel Anand Grover said cases of custodial torture, when established, need compensation to ensure the rule of law. He cited how the Supreme Court, in a "breath of fresh air" on Monday, ordered the immediate arrest of a person accused of custodial torture and directed the union territory of J&K to pay compensation of Rs 50 lakh to the victim.
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