The Supreme Court on Thursday refused to entertain two separate pleas seeking directions to the government to frame guidelines for compensation to victims of wrongful prosecution and to ensure strict action against fake complainants in criminal cases.
A bench of Justices U.U. Lalit and S.R. Bhat said the issue involves lawmaking and will create a lot of complications. The bench said,
The nature of relief prayed for is in the realm of laying down guidelines or in the nature of the legislation. It will not be possible for this court to utilise its processes.
The attention of the Union of India and relevant agencies have been invited to the case portrayed in the form of a petition. It is now left to concerned agencies or instrumentalities to take appropriate action. We, therefore, see no reason to entertain any longer. The wit petitions are disposed of.
Allahabad High Court had acquitted one Vishnu Tiwari in a false rape case after he spent 20-years in jail following an FIR filed due to land dispute.
The top court on March 23, 2021, issued notice to the Centre on one of the pleas filed by advocate Ashwini Upadhyay and BJP leader Kapil Mishra, but refused to issue notices to the states and National Human Rights Commission (NHRC).
In another plea through advocate Ashwani Kumar Dubey, the court had sought directions to the Centre for framing guidelines to ensure strict action against fake complainants in criminal cases and for compensating victims of such wrongful prosecutions.
Watch our detailed interview with Ashwani Kumar Dubey at the end of this article.
Current Case (not related to the above plea):
In a recent case, where a man spent nearly a decade in jail on alleged charges of murdering his wife, has been refused salary for the said period after his acquittal.
The Bombay High Court division bench of Justice SV Gangapurwala and justice SM Modak held that the principle of “no work, no pay” would apply in the matter.
Gangadhar Pukale, (now 65-years-old), a resident of Barshi in the Solapur district, was appointed as a teacher with a school run by Rayat Shikshan Sanstha in September 1979.
While in service, on July 5, 2006, he was arrested for allegedly murdering his wife and convicted in September 2008 for the offence of murder and sentenced to life imprisonment. All along, he remained behind bars till his conviction was set aside by the high court on appeal and he was set free on July 31, 2015. Read acquittal order.
Approached Court For Salary
After the high court reversed his conviction and set him free, Pukale approached the high court again seeking orders from his employers to pay him a salary for seven years – from the date of his arrest till he attained the age of superannuation on July 31, 2013.
It was argued on his behalf that since no departmental proceedings were initiated against him by the employer, he was entitled to full salary and consequential benefits like a promotion for seven years when he remained behind bars.
Bombay High Court
The state government opposed the plea, contending that since his arrest the teacher was in jail and was released only after the high court acquitted him on July 31, 2015, and therefore not entitled to salary for this period of incarceration. Remarking in favour of the state government, the High Court said,
He has not performed his duties. The management was not at fault. It was the petitioner who was incapacitated during the interregnum to perform his duties. Principle of no work no pay in such a case would apply.
The bench said that pursuant to the order of conviction, Pukale was lodged in jail and as such could not have performed his duties even if he were not suspended by the school management. Rejecting the plea, the High Court said,
In such a case, once incapacitated to perform his duties, the petitioner certainly will not be entitled to payment of salary.
The High Court, however, held that the teacher would be deemed to be continued in service even during the period of his incarceration to compute his pension and other terminal benefits.
In absence of any compensation where Men spend years in jail only to get acquitted, what are your comments in such cases? Leave your thoughts below.
Bombay HC Refuses Salary Payout To 65-Year-Old Teacher After He Got Acquitted Post Spending 10-Years In Jail On Charges Of Wife's Murder
▪️Last week, SC refused to entertain pleas to frame guidelines for compensation to victims of wrongful prosecution https://t.co/LMoapKDEfp
— Voice For Men India (@voiceformenind) August 24, 2022
WATCH EXCLUSIVE INTERVIEW:
Exclusive | Interview with Advocate Ashwani Dubey On Kapil Mishra’s PIL In Vishnu Tiwari False Rape Case
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