Introduction:

In a landmark judgment, the Kerala High Court, presided over by Justice Kauser Edappagath, emphasised the urgent need for a statutory framework to compensate individuals wrongfully prosecuted and convicted.

Arguments:

The case involved petitioners who were erroneously convicted of murder and sentenced to life imprisonment, only to be acquitted upon appeal after it was revealed that a fundamentalist group was responsible for the crime.

Judgement:

The court highlighted that wrongful convictions infringe upon fundamental rights guaranteed under Articles 21 and 22 of the Constitution, noting that current remedies are limited to civil suits against the state. Justice Edappagath referenced the 277th Law Commission Report, which recommends amendments to the Code of Criminal Procedure to provide both monetary and non-monetary compensation, including counselling and vocational training, to victims of wrongful prosecution. The court directed the state to decide on the investigating officer’s recommendation for compensation within three months and acknowledged the petitioners’ right to initiate legal action if unsatisfied. This judgment underscores the necessity of implementing comprehensive legal measures to address miscarriages of justice and uphold the rule of law.