The Supreme Court on Tuesday issued notice to the Union of India (UOI), after hearing petitions seeking compensation to Vishnu Tiwari who was wrongfully convicted to life imprisonment over rape allegations and Provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
"We will issue a notice to the respondent number 1 and 2, [UOI, and Ministry of Law and Justice (Legislative Department)] in the matter," a three-judge bench of the Apex Court, headed by Justice Uday Umesh Lalit and also comprising Justices Indira Banerjee and K M Joseph said today.
The Apex Court heard the petitions filed by Bharatiya Janata Party (BJP) leaders, Kapil Mishra and Ashwini Kumar Upadhyay seeking compensation to Vishnu Tiwari who was wrongfully convicted to life imprisonment under the allegations of rape and Provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
Upadhayay sought guidelines for compensation to victims of wrongful prosecution, as he highlighted and submitted the example of Vishnu Tiwari, who was acquitted after 20 years of imprisonment.
Senior lawyer Vijay Hansaria, Arijit Prasad and Ashw Kumar Dubey appeared for the petitioners in the case before the Supreme Court.
Mishra had filed the PIL in the Top Court seeking compensation to Vishnu Tiwari who was wrongfully convicted for life imprisonment under the allegations of rape and Provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
The petitioner, Mishra, also sought a direction if the Apex court can frame guidelines and make a mechsm to take strict action and prosecute the fake complainants.
The petitioner also sought to frame guidelines to pay adequate compensation to the victims of wrongful prosecutions and implement the recommendations of the 277th Law Commission Report on the miscarriage of justice.
The petitioner also sought a mechsm for speedy disposal of the cases pertaining to the under-trial prisoners prosecuted in special acts and frame guidelines for the under-trial prisoners to decide their cases in a time-bound manner.
The petitioner also sought to frame rules to release the poor persons who are victims of malicious and vague prosecution who are facing jail in the absence of not furnishing the adequate sureties/bonds.
"The law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of an effective statutory/legal scheme for providing mandatory compensatory relief," the petition filed by Dubey, for Kapil Mishra, said.
The petitioner also sought to prosecute the fake complainants pertaining to the Special Acts, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, fake sexual assault cases as well as to provide monetary benefits to the victims of wrongful malicious prosecutions.
The petitioner also sought direction from the Apex Court that those persons be prosecuted who allegedly involved in the incarceration of innocents as the same infringes the fundamental rights guaranteed under Article 14 and 21 of the constitution of India.
( With inputs from ANI )
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