Related Cases

In various instances, the Indian courts have defined what constitutes a miscarriage of justice
brought on by unjust prosecution in the absence of a clear statutory framework consistent
with the obligations under the ICCPR, particularly in its constitutional remedy jurisdictions.
The gauge for its forensic assessment of unfair prosecution is the right to a fair trial, a feature
of Article 21 of the Constitution. The progression of fundamental rights law, including
compensation for unfair prosecutions, may be seen from the Maneka Gandhi case to S Nambi
Narayanan v. Siby Mathews &others (CIVIL APPEAL NOS. 6637-6638 of 2018).
In Rudul Shah v. the State of Bihar (1983 AIR 1086, 1983 SCR (3) 508), the Supreme Court
made the following observation in 1983 when it ordered compensation for unlawful
detention: "One of the telling ways in which the violation of that right can reasonably be
prevented and due compliance with Article 21's mandate secured, is to mulct its violators in
the payment of monetary compensation."
The Supreme Court granted the victim of an unlawful arrest and imprisonment 50,000 as
compensation in Bhim Singh v. the State of J&K (AIR 1986 SC 494, 1986 CriLJ 192, 1985
(2) SCALE 1117, (1985) 4 SCC 677, 1986 (1) UJ 458 SC), another example of the episodic
judgements practised in the compensation jurisdiction.
In Nilabati Behera v. the State of Orissa (Writ Petition (Crl.) No. 488 of 1988), the court
emphasised the rule that sovereign immunity is not applicable in cases involving claims for
damages for the infringement of basic rights and when the constitutional provisions under
consideration are Articles 32 and 226. The aforementioned idea was restated in Consumer
Education and Research Center& others V. Union of India (1995 AIR 922, 1995 SCC (3) 42).
But when the Supreme Court denied the request for compensation for the defendants in
Sulemenbhai Ajmeri & Ors. V. State of Gujarat (CRIMINAL APPEAL NOS. 2295-2296 OF
2010), also known as the Akshardham Temple Case, who spent more than a decade in prison
but were later found not guilty, it was a let-down.

Read more at: https://www.lawyersclubindia.com/articles/compensation-for-wrongful-

prosecution-and-incarceration-15084.asp

….

https://www.researchgate.net/publication/
374290932_Importance_of_Justice_System_with_mandatory_Prison_Reform_in_India_A_S
ocial_Stigma_from_Prison_to_Societal_Norms

Importance of Justice System with mandatory Prison Reform in India: A Social Stigma
from Prison to Societal Norms
ABSTRACT Indeed, prisons in India make for a massive social organization. Part and parcel
of the larger criminal justice system, they make an invaluable contribution to upholding up
the rule of law and, thereby, to the maintenance of law and order, peace and tranquility, in
society. On the other hand, objectives behind imprisonment have moved some large distance
such as: Incarceration, Deterrence, Penance, Correction and Reformation and Rehabilitation.
As of now, prisons are expected to undertake human engineering, influencing and modifying
perceptions, attitudes and behavior of those who come into their charge. Since these
correctional services take place and are rendered within the four walls of prisons, common
man is rarely in the know of these services. This may, in part, explain the low political and
budgetary priority which prisons have received during the preceding century. This paper
identifies the gap between theory and practice in terms of prisoners’
reintegration/rehabilitation through literature-based research with focus on Pakistan. It
suggests that in contrast to international norms, legal codes and theoretical objectives to
ensure rehabilitative prison regimes, jails are characterized by myriad problems including
overcrowding, torture, understaffing, under-budgeting, lack of basic needs to the prisoners
and proper training for staff etc. Besides, obsolete prison rules rooted into the colonial,
inefficient criminal justice system and State’s indifference towards prisons have aggravated
the problems manifold. This research recommends a rehabilitative prison regime and suggests
ways to achieve it in a larger framework. The moral and professional integrity of the staff
needs to be restored by effective trainings. Programmatic intervention must be based on
individual assessments. Observing the prisoners’ rights recognized in international norms,
Islamic injunctions and Pakistan’s own legal codes along with revisiting colonial prison rules
might be helpful. However, prison study groups, committees and commissions, instituted
from time to time, have rendered a yeoman's service in drawing public and legislative
attention towards the situation, issues and problems confronting prisons in the country. This is
abundantly exemplified by the deliberations of the All-India Committee on Jail Reforms.
That prisons administration and living conditions of prisoners need to be paid a pointed
attention, systematically, is justified by several reasons. The Committee has made a large
number of recommendations. The present exercise to look into the status of the
implementation of the recommendations of the Committee has been as exciting as it has been
daunting. It goes without saying that all the recommendations of the Committee are of
paramount importance. However, these could be classified into two broad groups: goal-
oriented recommendations and 'actionable' recommendations. This Research work is intended
to study “A Critical study of Prison Reforms in India and the Societal Impact on the same” as
one of the growing needs for an integrated criminal justice system and it has added fuel to the
already burning issue of Prison Reforms. This Research work opens with a brief review of the
History of Prisons in India and of the integrative theory of Penology. A view of punishment
that takes into account of retribution and deterrence but emphasizes correction, reformation
and rehabilitation. The Researcher defines the concept of the Prison as a place where
treatment takes precedence over custody is said to be the foundation for Prison Reform.
Because the main obstacle to Prison Reform in India is Overcrowding. It is first
recommended that prison populations be reduced by establishing Local Custodial facilities
for un-convicted offenders and by using community treatment alternatives to minimize short
term prison sentences. If these steps are taken, the prisons can devote their efforts to
organizing and planning for long term inmates. Thus, this further study looks at the prior
independence as well as post-independence of Prison Reforms, present status of Prisons,
Recent trends in Prison reforms and judicial trends related to Prison Reforms in India. I have
prepared this research paper with the help, support and reference of primary and secondary
sources, available in the form of Interviews, Articles, Jail Visit, Interaction with Inmates, after
interaction with the released prisoners, took help of various research works conducted by
various experts, scholars and professions, interacted one – to – one with the retired officials,
took help of various websites as well as books for the purpose of preparing this piece of
research work. KEYWORDS Prisoners, Undertrial, Convicts, Social Reform, Welfare,
Rehabilitation, Reformation Home, Mulla Committee, International Institutions and Norms,
Social Stigma, Correctional Facilities, Detention Centers, Jails, Remand Centers, Women
Prisoners, The Pakwasa Committee, The Krishna Iyer committee, The International Covenant
on Civil and Political Rights (ICCPR), NGO, Government Policies, Remission, UNO, US