Advertisement

Akshardham: SC’s no to compensation plea of acquitted persons

02:24 PM May 30, 2019 | Free Press Journal Correspondant

New Delhi : The Supreme Court on Tuesday  refused to entertain a plea of six persons, who have been acquitted by the apex court in the 2002 Akshardham terror attack case, seeking compensation for their ‘wrongful’ arrest.

A bench of comprising Justices Dipak Misra and R Banumathi said it would set a dangerous precedent if the acquitted persons are allowed to seek compensation for their ‘wrongful’ arrest. Senior advocate KTS Tulsi, appearing for the acquitted persons, withdrew the plea after sensing the mood of the bench and said they may launch a case against Gujarat police for “malicious prosecution”.

Advertisement
Advertisement

Earlier, the Gujarat government had opposed the plea saying that it would have a “serious demoralising effect” on the investigating agencies.

Advertisement

It had said that since the trial court as well as the Gujarat High Court had convicted them for their alleged roles in the terror attack that had claimed 32 lives, the issue of “curtailment” of their personal liberty, which they are claiming, cannot be accepted.

On May 16, 2014, the Supreme Court had acquitted the six persons, including the three condemned prisoners, in the case, saying, “The story of the prosecution crumbles down at every juncture.”

The state, in its counter affidavit, had said the probe agency had followed the law in chargesheeting these six persons, who were convicted by the designated POTA court, and their conviction was subsequently confirmed by the high court, reports PTI.

“When two courts having jurisdiction have appreciated the evidence collected against the petitioners and have recorded a judicial finding holding the petitioners to be guilty of the offences charged, the curtailment of the petitioners’ personal liberty cannot be said to be accepted in accordance with law,” the affidavit had said.

( To view our epaper please Tap here . For all the latest News, Mumbai, Entertainment, Cricket, Business and Featured News updates, visit Free Press Journal. Also, follow us on Twitter and Instagram and do like our Facebook page for continuous updates on the go)

(To view our epaper please Read Now. For all the latest News, Mumbai, Entertainment, Cricket, Business and Featured News updates, visit Free Press Journal. Also, follow us on Twitter and Instagram and do like our Facebook page for continuous updates on the go)

Advertisement