Can’t frame norms for payout for wrongful prosecution: SC

‘It Is A Policy Decision To Be Taken By Govt’

New Delhi: The Supreme Court on Friday refused to get into the process of framing guidelines to compensate people who suffer because of “wrongful and malicious” prosecution and said that it is a policy decision to be taken by the government.

While refusing to entertain a PIL for framing guidelines for compensation, a bench of Justices U U Lalit and S Ravindra Bhat said it would create further complication as many of the acquittals in criminal cases are not based on merit. It said many accused are let off on technical grounds and benefit of doubt is given to them and cannot be said to be victims of wrong prosecution.

Senior Advocate Vijay Hansaria, appearing for PIL petitioner Ashwini Upadhyay, submitted that some system has to be put in place to safeguard people against malicious and wrongful prosecution as in some cases, people end up languishing in jail even for decades before they are acquitted.