The PIL has been filed by Bharatiya Janata Party (BJP) leader Kapil Mishra in the backdrop of a sensational case in which the Allahabad High Court, on January 28, declared rape convict Vishnu Tiwari innocent, observing that the motive behind the FIR was related to a land dispute.
Tiwari was arrested on September 16, 2000, after being booked for rape and atrocities under the SC/ST (Prevention of Atrocities) Act and was in jail for 20 years.
The PIL, filed through advocate Ashwani Kumar Dubey, has also sought “adequate compensation” for Tiwari for his wrongful conviction and life imprisonment in the fake case.
“Direct the Centre to frame guidelines and to make a mechanism to take strict action and to prosecute fake complainants as well as to frame guidelines to pay adequate compensation to victims of wrongful prosecutions and implement the recommendations of law commission Report …on miscarriage of justice,” the plea said.
The BJP leader has made union ministries of Home Affairs and Law and Justice, the Uttar Pradesh government and the Law Commission as parties to his PIL.
It has also sought direction for setting up a mechanism for speedy disposal of cases pertaining to undertrial prisoners prosecuted in special Acts and to frame guidelines for undertrial prisoners to decide their cases in a time-bound manner.
“Direct the respondents (Centre and others) to frame rules to release poor persons who are victims of malicious and vague prosecution and are facing jail in the absence of not furnishing the adequate sureties/bonds,” it said.
Mishra, in his PIL, submitted that the SC/ST 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.
“False cases lead to suicides of innocents who are victims of police and prosecutorial misconduct, who lose hope and lives of their families destroyed after years of delayed trials due to the non-effective machinery…” the plea said.
The PIL has made the Union ministries of Home Affairs, Law and Justice, the Law Commission and the state of Uttar Pradesh as parties.
On March 11, a similar plea was filed by BJP leader and lawyer Ashwini Upadhyay seeking a direction to the Centre, all states and Union territories (UTs) to frame and implement guidelines to compensate victims of “wrongful prosecution” through government machinery.
Upadhyay urged the apex court to “use its plenary constitutional power to frame guidelines for compensation to victims of wrongful prosecutions and direct the Centre and states to implement them till recommendations of the Law Commission on the miscarriage of justice are implemented religiously”.