COMPENSATE PRISONERS

DECCAN INQUIRER - weekly e news paper

DECCAN  INQUIRER

Weekly e news paper

Editor: Nagaraja.M.R.. Vol.01....Issue.07............08/07/2020

COMPENSATE  PRISONERS

Letter to Honourable Chief Justice of India 

Ref  petition no : DEPOJ/E/2020/02911. 

Law student moves Supreme Court seeking compensation for wrongly incarcerated "victims of the system" who are later acquitted

"...if the accused is acquitted after spending many years behind bars naturally makes him victim of the system, thus the compensation and rehabilitation should be awarded to the acquitted person who has suffered."

A fifth-year law student has filed a PIL before the Supreme Court for the enactment of laws to provide compensation and rehabilitation for wrongfully incarcerated persons who were later acquitted after having languished in prisons for long on account of their wrongful prosecution and incarceration.

Additionally, a direction is also sought for the implementation of the 277th report of the Law Commission of India on ‘Wrongful Prosecution (Miscarriage of Justice) and Legal Remedies' (2018).

The plea says that the word "victim" defined under Section 2(wa) and in Section 357-A of the Criminal Procedure Code (CrPC) must be interpreted to also include those persons who were wrongfully incarcerated and who were acquitted subsequently.

Section 357-A, CrPC provides for a victim compensation scheme. The ambit of this provision must also include victims of wrongful incarceration, it is submitted.

"...if the accused is acquitted after spending many years behind bars naturally makes him victim of the system, thus the compensation and rehabilitation should be awarded to the acquitted person who has suffered as a result of the crime."

The petition says.

Invoking Articles 14 and 21 of the Constitution of India and the Supreme Court's role as the protector of these rights, the petitioner says that people who have spent years languishing in jails over wrongful persecution and incarceration lose many precious years of their lives.

The delays caused due to the legal and criminal justice system lead to a violation of the rights under Article 21 of such a person, the petition elaborates.

"Some amount of compensation or rehabilitation scheme would help the victim of the system to gain back his/her reputation and build a fruitful life again with dignity."

The petitioner reasons.

It is noted further that the apex Court itself, while dealing with such cases of wrongful incarceration, has awarded compensation to acquitted persons. However, the benefit of such compensation does not get extended to most people who are similarly placed in the absence of a statute to this effect, it is pointed out.

In addition to the 2018 report of the Law Commission on this issue, India is also a signatory to the International Covenant on Civil and Political Rights 1966 (ICCPR) and has ratified the same. Article 14 of this international law requires signatory States to provide compensations in a time-bound manner. However, there is no statute in India to benefit acquitted persons who are victims of the system, the petitioner highlights.

To emphasize the magnitude of the number of undertrial prisoners in India, the petitioner cites data by the National Crime Relations Bureau (NCRB) which shows that the conviction rate in India is lower than the acquittal rate.

People who spend years in jail and are eventually acquitted are left behind in the society and face severe agony and need to be appropriately compensated and rehabilitated for being victims of the legal system, the petition says.

The petitioner, Yash Giri has filed his plea through Advocate Mithilesh Kumar Singh.

PIL –   Compensate  Prisoners  illegally  detained

An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for

power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

  Majority  of  prisoners  in  Indian  jails  belong  to   poor , minority , oppressed  sections of society and  2/3rd  of  prison  population  comprises of undertrials.  Are  not  there any criminals  among rich , affluent  and forward castes , majority community ?  It  proves the bias , prejudice  of  police , establishment. There are  good  , honest  people  as  well as criminals  in  all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament  , but due to their  caste , financial clout  escaping from conviction , legal prosecution.

    As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.

   As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.

   India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities - which in itself is illegal.

   Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.

  Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.

  Few   prisoners convicted by lower court due to bias of police , prosecutor  &  lower court judges are acquitted by higher courts.  However  due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for  years , decades. But the culprits  Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this  manner  even innocents are killed in fake encounters or  by death sentence.

  It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

 If  the Supreme Court of India ,  NHRC  delays  in acting on this PIL  petition  resulting in  prolonged  imprisonment of  undertrials , convicts or Innocents , Supreme Court of India  / NHRC  judges  also jointly become responsible for the  crimes against those  illegally imprisoned and  SCI judges are also equally responsible to pay compensation from their personal pockets.

2. Question(s) of Law:

Are  not all  prisoners  equal ?  is not  theft  of ten rupees  or theft of thousand crores of rupees , both crimes ?  Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty  of a judge  who has  awarded jail sentence to  an accused / a convict ,  to  ensure safety , health care of the said prosiner ? is it  not the duty of  the judge  to monitor whether  the convict is getting  right  punishment  as per law  nothing  less  nothing  more ?

3. Grounds:

Requests for equitable justice , equal treatment of prisoners. Requests of  stopping torture of poor prisoners. Prosecution of  corrupt  judges , police & jail personnel.

4. Averment:

Prosecute  Sanjay  Dutt  under  TADA

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada   ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan  ,

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges   ,

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police   ,

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the case to perform their duties.

b. Hereby , I do request the honorable supreme court of India  to  immediately annul  the Jail Manuals  of all state governments of india , which are discriminatory.

c. Hereby , I do request the honorable supreme court of India  to constitute an expert committee  to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.

d. Hereby , I do request the honorable supreme court of India  to  initiate legal prosecution of jail personnel , police &  judges who failed in their duties to  ensure safety of prisoners , resulting in torture of prisoners and  for  prolonged imprisonment or   illegal  imprisonment of innocents.

e. Hereby , I do request the honorable supreme court of India  to order all state governments to ensure food , health care , recreational facilities , parole  on an equal footing  to all prisoners without discrimination.

f. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  for  suffering discrimination , torture.

g. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  who spent years behind bars , finally acquitted by courts  and in the case of prisoners  who spent more years in jail than the  quantum of punishment  codified in IPC  due to prolonged  case trials. In both such cases afterwards state government must recover money from  respective presiding judges , investigation officer & government  legal prosecutor.

h . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 01st July  2017 …………………. FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761,

HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202

  WhatsApp  91  8970318202

Home page :

http://di.dalitonline.in   

https://di-weekly.blogspot.com    

Contact  :  DI@dalitonline.in , deccan.inquirer@gmail.com