COMPENSATION FOR ACQUITED ACCUSED FOR ILLEGAL ARREST

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE

MOBILE.09325226691,09271971251

e.mail adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

COMPENSATION FOR ACQUITED ACCUSED FOR ILLEGAL ARREST

1 ON THE BASIS OF COMPLAINT .POLICE ARREST SEVERAL INNOCENT PERSONS MERELY ON THE BASIS OF DOUBT AND DUMP THEM IN PRISON.

2.ON THE BASIS OF F.I.R. AND COMPLAINT, INVESTIGATION IS MADE AND POLICE CUSTODY OF ACCUSED IS REQUESTED TO THE COURT FOR INVESTIGATION OF CRIME ALLEGED.

3. THOUGH LEGALY NOT PERMISSIBLE , ALMOST ALL ACCUSED PERSONS IN POLICE CUSTODY WHICH IS FOR FOURTEEN DAYS AS PER SERIOUSNESS OF CRIME ALLEGED, THE SUSPECTED ACCUSED PERSON IS BEATEN AND MADE TO CONFESS THE CRIME .DUE TO FEAR OF BEATING , EVEN IF NO CRIME IS COMMITTED BY THE SUSPECTED PERSON , TO SAVE HIM FROM BEATING AND THIRD DEGREE HARASSMENT IN POLICE CUSTODY THE SUSPECTED PERSON ACCUSED FORCEFULLY AND UNWILLINGLY CONFESSES THE CRIME WHICH HE HAS NOT COMMITED.

4.KINDLY NOTE THAT THEN CHARGESHEET IS PREPARED AND ALONG WITH STATEMENT OF ALL WITNESSES WHO ARE GENERALY USUAL AND PROFESSIONAL POLICE WITNESSES SUPPORT THE SAID CHARGES AND ARE CALLED AS A WITNESSES IN THE COURT.

5.KINDLY NOTE THAT THE SUSPECTED  POOR ACCUSED PERSON AND HIS ENTIRE FAMILY INCLUDING WIFE AND CHILDREN AND OLD PARENTS ARE REPEATEDLY TREATED AND INSULTED AS SUSPECTS. THEY HAVE TO FACE DEFAMATION IN THE ENTIRE SOCIETY AND FRIENDS ARE RELUCTANT TO HELP THE POOR FAMILY OF ACCUSED.

6KINDLY NOTE THAT LAW PROVISIONS CLEARLY STATE THAT NO ONE IS GUILTY TILL HE IS PROVED GUILTY.AND EVERY PERSON IS INNOCENT UNLESS ANY CHARGE IS PROVED AGAINST HIM.BUT THE FACT IS THAT ALL MEMBERS OF SOCIETY DO NOT FOLLOW THE SAID PRINCIPLE AND THEY TREAT THE ENTIRE FAMILY OF ACCUSED PERSON AS SUSPECTS.

7KINDLY NOTE THAT AN EXPERT AND EXPERIENCED LAWYER CAN GET THE INNOCENT  ACCUSED ACQUITED OF ALL CHARGES. AND COURT CAN PASS A JUDGEMENT AFTER HEARING PROSECUTION AND DEFENCE SIDE.

8 SEVERAL INNOCENT ACCUSED PERSONS ARE ACQUITED AND RELEASED FROM ALL CHARGES AGAINST THEM .BUT IT TAKES SOME TIMES ONE YEAR, TWO YEARS OR EVEN FOUR OR MORE YEARS TO COMPLETE THE ENTIRE PROCEDURE OF RECORDING EVIDENCE OF PROSECUTION  WITNESSES, STATEMENT OF ACCUSED AND DEFENCE WITNESSES AND ARGUMENTS OF PROSECUTION ADVOCATE(FOR POLICE) AND ARGUMENT OF DEFENCE ADVOCATE (FOR ACCUSED) AND THEN FOR JUDGEMENT OF THE CASE.

9 IN CASE ACCUSED IS CONVICTED THEN HE IS SENT TO JAIL AND HAS TO SPEND THE SPECIFIC NO. OF YEARS IN JAIL AS PER JUDGEMENT.

10 BUT IN CASE CHARGES IN ANY CRIMINAL CASE ARE NOT PROVED AGAINST SUSPECTED ACCUSED PERSON THEN HE IS ACQUITED AND RELEASED BY THE COURT.

11. BUT HERE IT MAY KINDLY BE NOTED THAT THOUGH THE SAID INNOCENT ACCUSED PERSON IS ACQUITED AND RELEASED FROM  JAIL. WHO IS RESPONSIBLE FOR THE NUMBER OF YEARS THE SAID INNOCENT SUSPECTED PERSON WHO IS LEBLED AS ACCUSED AND DUMPED IN JAIL FOR SEVERAL YEARS TILL HIS ACQUITAL BY THE COURT.

12 THERE IS AN URGENT NEED TO AMMEND THE OLD PROVISIONS OF LAW AND AN AMMENDMENT IS ESSENTIAL TO COMPENSATE THE LOSS SUFFERED BY THE SAID INNOCENT ACCUSED WHO IS ACQUITED BY THE COURT AFTER THE TRIAL OF THE SAID CRIMINAL CASE .

13 KINDLY SEND YOUR COMMENTS AND SUGGESTIONS AND YOUR VIEWS ON THE TOPIC. WHO IS RESPONSIBLE TO COMPENSATE THE POOR INNOCENT ACCUSED PERSON HIS FAMILY FOR DEFAMATION AND LOSS OF INCOME AND FOR MENTAL AND PHYSICAL TORTURE.

14. WHETHER THE COMPLAINENT WHO FILED FALSE COMPLAINT,OR THE POLICE WHO ARRESTED HIM OR THE WITNESSES WHO HAVE GIVEN FALSE STATEMTNS AGAINST THE SAID INNOCENT ACCUSED OR THE STATE GOVT. SHOULD COMPENSATE THE ENTIRE LOSS TO THE INNOCENT ACCUSED WHO IS ACQUITED OF ALL CHARGES BY THE HONOURABLE COURT.

15.KINDLY SEND YOUR SINCERE VIEWS AND SUGGESTIONS SO THAT I CAN FILE A PUBLIC INTEREST LITIGATION IN PROPER COURT.IT WILL HELP REDUCE FILING OF FALSE COMPLAINTS AGAINST INNOCENT ACCUSED.

16 KINDLY NOTE THAT I AM AN ADVOCATE PRACTICING AT DISTRICT AND SESSIONS COURT AND ALSO AT HIGH COURT OF BOMBAY,BENCH AT AURANGABAD, NAGPUR , HIGH COURT OF  RAJASTHAN AND ALSO HAVE WON CASES AT HIGH COURT OF DELHI AND AM JOINTLY HANDLING CIVIL AND CRIMINAL CASES AT SUPREME COURT OF INDIA AND ALSO MERCY PETITIONS AND APPEALS TO THE PRESIDENT OF INDIA.

17 I HAVE WON SEVERAL CIVIL AND CRIMINAL CASES . AND GOT THE INNOCENT ACCUSED PERSONS ACQUITED FROM SERIOUS CHARGES OF MURDER, DECOITY AND EVEN UNDER NARCOTICS DRUGS P.S.ACT WHERE THE PUNISHMENT PROVIDED IS MORE THAN 10 YEARS AND UP TO 20 YEARS AND EVEN DEATH SENTENCE WITH FINE FROM 1,00,000/- TO 2,00,000/-

18 KINDLY NOTE THAT IN CASE ANY PERSON IS CHARGED UNDER SUCH SERIOUS CHARGES , HIS ENTIRE FAMILY IS DEPRESSED AND SERIOUS DAMAGE IS CAUSED TO THE DAY TO DAY LIFE OF ENTIRE FAMILY.MOST OF THEM THEY LITERALLY STARVE . IS THIS FAIR ?

19 KINDLY SPEAK UP. AND SEND COMMENTS.

APNE LIYE JIYE TO KYA JIYE, A DIL TO JEE JAMANE KE LIYE.

WITH BEST REGARDS TO THE FAMILY AND FRIENDS OF ALL CONCERNED.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE