New Delhi: The Supreme Court on Thursday refused to entertain a Public Interest Litigation(PIL) seeking a uniform compensation code for those who are wrongly prosecuted and later on acquitted. The bench comprising of Justice UU Lalit and Justice S Ravindra Bhat was hearing the PIL filed by BJP member and advocate Ashwini Upadhyay.
The court observed that the petitioner has no material and just has anecdotes of two-three cases based on which he wants the court to lay down the guidelines. Moreover, the issue involves a lot of "complications" and is a part of law making, observed the court.
Also read: SC agrees to list plea of BJP leader Shahnawaz Hussain against Delhi HC order
The SC bench said that if it lays down the guidelines and asks courts to follow them, it will be "one more burden" to the process that anyway keeps prolonging cases. The top court also opined that many times a person is let go based on technical grounds or benefit of the doubt, noting that in cases such as that of POCSO and domestic violence, the accused can come and say that the prosecution was malicious.
"It is a wider subject, prosecution without good faith," the SC observed. It also observed that a remedy is already available for a person in a case of malicious prosecution.
The court in its order said that it won't be possible for it to entertain the case, but the petition has invited the attention of the government of India and relevant agencies, and it is now upon them to look into the matter. The court proceeded to dispose of the plea.
