Indian jurisprudence in Question ?
Andhra Pradesh High Court in a judgment has declared that there is no legal provision to award any compensation to ""innocent people detained by Police "". This decision came in the case of a blast case in which more than twelve Muslim youths were arrested , latter due to the absence of evidence all those who were implicated in the case were Discharged . Andhra Pradesh Government announced financial compensation to all the ''accused'' persons.
Latter a petition was filed challenging the Andhra Pradesh Government decision to award the financial assistance to those who were ""wrongly detained by Police """. The High court observed that their is no Legal Provision to provide financial assistance to those persons who have been arrested by police without sufficient evidence . This judgment has Negated the Very fundamental edifice of Indian Jurisprudence , which says ""That let the ten criminal be freed but Even One innocent should not be punished """ . Now this doctrine has been totally proved WRONG !
Hope Andhra Pradesh Government will go to Supreme Court and to file review of the High Court Judgment . Because if the innocent persons will have no way to get the justice . The question is this judgment will ''encourage the police officials " not to respect the Fundamental Rights of Individuals . After all some remedy has to be provided to those who are arrested '''on mere suspicion"" , . Even our Criminal Procedure Code gives the right to any Station Officer to detain any person for 24 hours without LAWFUL order . Meaning that Any body can be put behind the HAWALAT , resulting in the damaging the reputation and honor of the detained person . Many of us must have known and witnessed such detention .
Andhra Pradesh High Court in a judgment has declared that there is no legal provision to award any compensation to ""innocent people detained by Police "". This decision came in the case of a blast case in which more than twelve Muslim youths were arrested , latter due to the absence of evidence all those who were implicated in the case were Discharged . Andhra Pradesh Government announced financial compensation to all the ''accused'' persons.
Latter a petition was filed challenging the Andhra Pradesh Government decision to award the financial assistance to those who were ""wrongly detained by Police """. The High court observed that their is no Legal Provision to provide financial assistance to those persons who have been arrested by police without sufficient evidence . This judgment has Negated the Very fundamental edifice of Indian Jurisprudence , which says ""That let the ten criminal be freed but Even One innocent should not be punished """ . Now this doctrine has been totally proved WRONG !
Hope Andhra Pradesh Government will go to Supreme Court and to file review of the High Court Judgment . Because if the innocent persons will have no way to get the justice . The question is this judgment will ''encourage the police officials " not to respect the Fundamental Rights of Individuals . After all some remedy has to be provided to those who are arrested '''on mere suspicion"" , . Even our Criminal Procedure Code gives the right to any Station Officer to detain any person for 24 hours without LAWFUL order . Meaning that Any body can be put behind the HAWALAT , resulting in the damaging the reputation and honor of the detained person . Many of us must have known and witnessed such detention .
