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.
You Can Also Check:
Mumbai AQI
|
Weather in Mumbai
|
Bank Holidays in Mumbai
|
Public Holidays in Mumbai
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.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
12 minutes ago
- Hans India
Malawi President recalls Parliament to amend voting law
Malawian President Lazarus Chakwera has ordered the country's recently dissolved Parliament to reconvene on August 5 to amend the voting law to ensure that all eligible citizens, including those assigned to duty on election day, can cast their votes. Malawi's 2019-2025 Parliament was dissolved on Wednesday by National Assembly Speaker Catherine Gotani Hara, in line with constitutional provisions for an election year. However, the Constitution empowers the president to recall Parliament before a general election if a constitutional crisis is deemed to have arisen, Xinhua News Agency reported. A supplement to the government Gazette dated Friday and signed by Chakwera confirmed the decision to reconvene Parliament to consider amending the Presidential, Parliamentary, and Local Government Elections Act. A follow-up statement from the State House on Saturday provided further clarification. "President Chakwera... has ordered that Parliament be reconvened for an emergency session on Tuesday, Aug. 5, 2025, to amend the Presidential, Parliamentary, and Local Government Elections Act in order to allow Malawians who will be posted on duty for various electoral services in various parts of the country on election day to cast their vote where they are posted, instead of where they registered," the statement read. It added that the proposed amendment seeks to safeguard every Malawian's constitutional right to vote. Malawi is scheduled to hold its general election on September 16 to elect the president, members of Parliament, and local government councillors. More than 20 presidential aspirants, including incumbent President Chakwera and two former presidents, Peter Mutharika and Joyce Banda, have declared their intention to contest the presidency. Malawi's President Lazarus McCarthy Chakwera was sworn into office on June 28, 2020. Before joining frontline politics, Chakwera was President of the Malawi Assemblies of God from 1989 until he resigned on May 14, 2013 to contest in the 2014 General Elections as a presidential candidate for the Malawi Congress Party.
Indian Express
12 minutes ago
- Indian Express
Mumbai court rejects bail plea of Class 12 student who helped with Rs 3.8-crore cyber fraud
A sessions court in Mumbai has rejected bail plea of a 19-year-old Class 12 student who was arrested for his alleged involvement in a cyber fraud case involving Rs 3.81 crore. The court said that cybercrimes and digital financial frauds are rampant in the country and are a threat to the nation's economy. The CBl had registered an FIR against one S P Cargo and Courier Services Pvt Ltd and its director Sudhir Palande and other unknown persons, claiming that private persons and firms were cheated of Rs 3.81 crore and the amount was transferred on a single day, July 2, to one mule account through 12 transactions. 'Cybercrimes, digital financial frauds are rampant in the country and it is a threat to the nation's economy. It is necessary to consider that the offence is complex in nature and involves use of electronic devices, information and technology that is digital evidence,' special judge J P Darekar said in the order on Friday. The CBl arrested the student Yash Thakur on July 9, claiming that he had acted as a middleman between several cyber frauds and the main accused Palande. The agency claimed that Thakur had booked tickets for stay and travel of the main accused in Nagpur during the period of the fraud and had helped him procure a SIM card based on fake documents. Thakur had sought bail claiming that he did not know Palande and there is no evidence that he had in any manner benefitted from the fraud. It was also submitted that he is a young boy is pursuing his education. 'The evidence so collected by the prosecution is of digital/electronic nature. The offence involves use of electronic devices and digital means. Yet, the prime accused who is the brain behind the offence has not hean traced out. Considering the use of mobile and technology and electronic devices in the commission of the offence, the possibility of absconding, tampering of the evidence and influencing of witnesses cannot be ruled out,' the court said. Last week, the court had rejected the plea of another student, 23-year-old Shaurya Singh.
Time of India
26 minutes ago
- Time of India
8 dead, 28 injured in stampede at Haridwar's Mansa Devi temple
Haridwar: A stampede on the pedestrian route to Mansa Devi temple near Har Ki Pauri claimed eight lives and injured 28 others, at least four critically, on Sunday morning. Those dead were identified as Shanti Devi (60), her husband Rambharose (65), both from Badaun, UP; Sakal Dev (35) from Araria, Bihar; Arush (6), Vicky Saini (18), Vishal Kumar (19) -- all three from Rampur, UP; Vakeel Prasad (45) from Barabanki, UP; and Vipin Saini (19) from Kashipur, Udham Singh Nagar. Diksha (26) and her daughter Akankshi (4) from Rampur; Phoolmati (52), Lucknow; and Kavita (23), Baghpat, UP, are said to be in critical condition. Officials at AIIMS Rishikesh said that 15 persons were brought to the hospital, out of which, five were discharged, four admitted in ICU ward and six in other wards. More than 5,000 devotees -- mainly from UP and Bihar -- were present on the route around 8:30 am at the time of the incident, which was possibly triggered by "rumours of electrical wires causing electrocution". Videos from the spot showed a huge rush of people, including children and women, at the narrow entrance of the temple. Eyewitnesses claimed there were hardly any efforts made to control the crowd. Speaking to TOI, the area's SHO Ritesh Shah said the crowd flow was "nothing unusual" in the morning. "We've seen even larger crowds during special occasions like kanwar yatra and Ganga Dussehra. The stampede may have been caused due to rumours after a few youngsters climbed the wall, and thereafter some devotees began to panic and fell on each other. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Baking Soda Tricks Everyone Should Know About Beach Raider Undo On any given day, six police personnel are present inside the temple premises and two stationed at the entrance of the pedestrian route. " CM Pushkar Singh Dhami visited the hospital to assess the condition of the injured and announced an ex-gratia compensation of Rs 2 lakh for the families of those dead and Rs 50,000 for each injured person. He also directed Haridwar district magistrate (DM) to provide urgent relief and assistance to all the victims and their families. "The pedestrian route, starting from the Upper Road, was immediately closed after the incident to avoid additional pressure at the site. Injured persons were initially shifted to district hospital. People died of chest injuries and no one died of electrocution," said DM Mayur Dixit. The DM added that a detailed magisterial probe has been ordered. President Droupadi Murmu and PM Narendra Modi were among those who expressed grief over the loss of lives in the stampede. In a post, the PM stated: "Condolences to those who lost their loved ones. May the injured recover soon." Later in the day, Mahant Ravindra Puri, president of Mansa Devi temple trust, announced Rs 5 lakh for the families of the dead and Rs 1 lakh for the injured. Considered a 'sidhpeeth', Mansa Devi temple is situated on the Bilva hilltop in Haridwar. It is accessible by ropeway as well as pedestrian route. It attracts a large number of pilgrims round the year. Earlier, the way to the temple -- located in the vicinity of Haridwar range of Rajaji Tiger Reserve -- was arduous, and pilgrims had to walk through narrow serpentine paths to the hilltop (about 1,500 feet above sea level) on foot, but later a road was laid to make the journey easier. In 1995, Haridwar civic body got a ropeway installed.
