Why our criminal justice system urgently needs a law for compensation for those under illegal detention BYAISHWARYA MEHTA https://www.theleaflet.in/why-our-criminal-justice-system-urgently-needs-a-law-for-compensation-for-those-under-illegal-detention/
JULY 1, 2021
the jurisprudence on this matter, the Supreme Court has (correctly) held the State responsible for the tortious acts of its employees, which in these cases, are the police, especially where there has been a violation of fundamental rights due to the abuse of powers given to police officials.
In our country, unfortunately, instances of such misuse of power by police officials, including illegal detention, custodial deaths, brutality, and torture are fairly routine. However, to date there is no set of guidelines issued by the court regarding the calculation of the quantum of compensation to be awarded.
Furthermore, wrongful arrests lead to the violation of not only the arrestee’s rights, but also accrue net harm to the entire society. This manifests in multiple forms: the actual offender being at large within society, free to commit more offences; the drop in tax revenue due to the arrestee being denied the opportunity to work; the additional expenditure on the maintenance of the detainee in prison; the addition to the backlog of cases pending before an overburdened judiciary.
The Lost Right to Compensation of Wrongfully Convicted Victims: A Critique https://www.lawctopus.com/academike/the-lost-right-to-compensation-of-wrongfully-convicted-victims-a-critique/ November 1, 2020 Eleen Garg, Amity Law School, Delhi
The Indian judicial system has demonstrated a lack of accountability by failing to repay citizens who have been jailed on false charges. The non-uniform approach adopted by Judiciary has further worsened their disorderly situation.
PIL is seen as an efficient method against the State’s lack of knowledge. However, factors such as illiteracy, poverty, lack of legal identity, social condemnation, and lack of quality legal assistance often act as an impediment in access to justice for poor, which manifests the ailing condition of the legal system of poverty-stricken India.
Journalist, activist, re-arrested under National Security Act for Facebook posts on deceased BJP leader https://www.tribuneindia.com/news/nation/journalist-activist-re-arrested-under-national-security-act-for-facebook-posts-on-deceased-bjp-leader-254703 The Manipur Police has re-arrested journalist Kishorchandra Wangkhem and activist Erendro Leichombam under the National Security Act (NSA) after they had been granted bail for an earlier arrest for their allegedly derisive social media posts on state BJP chief S Tikendra Singh, following his demise due to COVID-19 last week. ..The BJP state vice-president Usham Deban Singh and general secretary P Premananda Meetei filed a complaint against Wangkhem and Leichombam, after which the police picked them up from their residences here.
Manipur High Court Orders Release of Journalist Detained Under NSA Over Facebook Post On Cow Dung Cure For COVID https://www.livelaw.in/news-updates/manipur-high-court-orders-interim-release-of-journalist-kishorchandra-wangkhemcha-178003 Shrutika Pandey23 July 2021 His detention would be as much a violation of Article 21 of the Constitution as it was in the case of Erendro Leichombam.
