The Supreme Court has issued notice to the Union of India, state governments, and Union Territories on a petition seeking the establishment of a national framework to compensate and rehabilitate individuals subjected to wrongful or arbitrary incarceration and later discharged or acquitted.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta sought responses from all respondents and listed the matter for further hearing after four weeks.
The top court of the country passed the order after hearing submissions led by Senior Advocate Gopal Shankarnarayanan and assisted by Advocate-on-Record Neha Rathi.
Filed by Jawaharlal Sharma, the petition contended that excessive or unjustified pre-trial detention constituted a grave constitutional injury, violating the guarantees of personal liberty under Article 21.
It stressed that acquittal, discharge, or closure of proceedings did not mitigate the degrading effects of wrongful incarceration, which often resulted in long-lasting psychological trauma, social stigma, and loss of livelihood.
The plea sought the constitution of an expert committee headed by a retired judge of the Supreme Court or a High Court to develop a uniform, rights-driven mechanism for determining compensation and facilitating post-release rehabilitation.
It further demanded the creation of a dedicated national fund for victims of wrongful incarceration, structured to provide both pecuniary and non-pecuniary relief.
The petitioner requested the Apex Court to grant financial compensation assessed on objective criteria, mental-health counselling, skill-development and livelihood support, along with institutional assistance for reintegration into society.
The plea comes at a time when Indian jurisprudence has steadily expanded the contours of public-law compensation for illegal deprivation of liberty. Verdicts, such as Rudul Sah v. State of Bihar and Bhim Singh v. State of J&K, recognised compensation for unconstitutional detention as a judicially enforceable remedy, rooted in the Supreme Court’s powers under Articles 32 and 142 and the High Courts’ authority under Article 226.
Recent rulings have reiterated that continued custody without lawful justification constitutes a constitutional tort, warranting exemplary damages. However, despite these precedents, India lacks a dedicated statutory regime to address wrongful incarceration.
While the Law Commission’s 277th Report examined compensation for wrongful prosecution, it did not culminate in a legislative framework comparable to those in certain other jurisdictions that provide statutory entitlements for unjust imprisonment. The present petition underscores this normative gap and invites the Court to nudge the executive toward a comprehensive national policy.
The post Supreme Court issues notice on plea seeking compensation for arbitrary detention appeared first on India Legal.