BJP leader moves SC, seeks strict action against fake complainants in criminal cases
New Delhi: A BJP leader has moved the Supreme Court seeking directions to the Centre for framing guidelines to ensure strict action against fake complainants in criminal cases and for compensating victims of such wrongful prosecutions.
The PIL has been filed by Bharatiya Janata Party (BJP) leader Kapil Mishra in the backdrop of a sensational case in which the Allahabad High Court, on January 28, declared rape convict Vishnu Tiwari innocent, observing that the motive behind the FIR was related to a land dispute.
Tiwari was arrested on September 16, 2000 after being booked for rape and atrocities under the SC/ST (Prevention of Atrocities) Act and was in jail for 20 years.
The PIL, filed through advocate Ashwani Kumar Dubey, has also sought "adequate compensation" for Tiwari for his wrongful conviction and life imprisonment in the fake case.
"Direct the Centre to fame guidelines and to make a mechanism to take strict action and to prosecute fake complainants as well as to frame guidelines to pay adequate compensation to victims of wrongful prosecutions and implement the recommendations of law commission Report ...on miscarriage of justice," the plea said.
The BJP leader has made union ministries of Home Affairs and Law and Justice, the Uttar Pradesh government and the Law Commission as parties to his PIL.
It has also sought direct for setting up of a mechanism for speedy disposal of cases pertaining to undertrial prisoners prosecuted in special Acts and to frame guidelines for undertrial prisoners to decide their cases in a time bound manner.
"Direct the respondents (Centre and others) to frame rules to release poor persons who are victim of malicious and vague prosecution who are facing jail in the absence of not furnishing the adequate sureties/bonds," it said.
Mishra, in his PIL, submitted that the SC/ST law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of effective statutory/legal scheme.
"False cases lead to suicides of innocents who are victims of police and prosecutorial misconduct, who lose hope and lives of their families destroyed after years of delayed trials due to the non-effective machinery..., the plea said.
The PIL has made the Union ministries of Home Affairs, Law and Justice, the Law Commission and state of Uttar Pradesh as parties.
On March 11, a similar plea was filed by BJP leader and lawyer Ashwini Upadhyay seeking a direction to the Centre, all states and Union territories (UTs) to frame and implement guidelines to compensate victims of "wrongful prosecution" through government machineries.
Upadhyay urged the apex court to "use its plenary constitutional power to frame guidelines for compensation to victims of wrongful prosecutions and direct the Centre and states to implement them till recommendations of the Law Commission on miscarriage of justice are implemented religiously".
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
