A PIL has been filed on Saturday in the Supreme Court by former minister and BJP leader, Kapil Mishra, seeking compensation for Vishnu Tiwari who was wrongfully convicted for life imprisonment under the allegations of rape and Provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
Tiwari spent 20-years in jail on charges of false rape case, only to be acquitted by Allahabad High Court in January this year.
PIL By Kapil Mishra
The Public Interest Litigation (PIL) was filed by Bharatiya Janata Party (BJP) leader, Mishra through his lawyer, Ashwani Kumar Dubey before the apex court today.
As reported by ANI, the petitioner, Mishra, sought direction from the Supreme Court to frame guidelines and make a mechanism to take strict action and prosecute the fake complainants. The petitioner also sought to frame guidelines to pay adequate compensation to the victim of wrongful prosecutions and implement the recommendations of the 277th Law Commission Report on a miscarriage of justice.
The petitioner also sought a mechanism for speedy disposal of the cases pertaining to the under trial prisoners prosecuted in special acts and frame guidelines for the under trial prisoners to decide their cases in a time-bound manner.
The petitioner also sought to frame rules to release the poor persons who are a victim of malicious and vague prosecution and who are facing jail in the absence of not furnishing the adequate sureties/bonds. Petition filed by Dubey read:
The law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of an effective statutory/legal scheme for providing mandatory compensatory relief.
The petitioner also sought to prosecute the fake complainants pertaining to the Special Acts, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, fake sexual assault cases as well as to provide monetary benefits to the victims of wrongful malicious prosecutions.
The petitioner has also sought direction from the apex court to prosecute those who are allegedly involved in the incarceration of innocents as the same infringes the fundamental rights guaranteed under Article 14 and 21 of the constitution of India.