CHAPTER 4 IDENTIFICATION OF WRONGFUL CONVICTION IN INDIA – AN ANALYSIS OF SELECTED TERROR RELATED CASES 4.1 Victimization of Wrongfully Prosecuted- A Failure of Indian Criminal Justice System Persons identified to last being wrongfully convicted through post-conviction DNA analysis gets wasted even after 14 years in jail. The anguish of being in jail due to wrongfully convicted and the comprehensive loss of liberty are only incorporated by the thoughts of anything may have been there, then the wrongly awarded conviction. Expelled for years of folks and relatives and the competence to skill oneself competently, the frightening beliefs do not end upon independence. With no money, housing, conveyance, comfort amenities or coverage, and a negative identity record that is rarely cleaned despite innocence, the charge of being accused lingers even after pardon. State has an obligation to restore the life of the ones who are wrongfully convicted. Ensuring protection of an individual in the criminal justice system law and order are integral parts of a civilized society. It is the responsibility of the state that an effective criminal justice system is maintained in order that we maintain law and order.382 If a person is wrongfully convicted, then it is only an indicator of the state' s failure in that responsibility. There is intrinsic in this duty the responsibility to bring the wrongfully prosecuted to justice as much as offering redress to the victim. You will appreciate that the victim of wrongful conviction suffers two ways in the criminal justice system.383 382 GOULD, J. B. , & LEO, R. A. (2010). CENTENNIAL SYMPOSIUM: THEN AFTERWARD A CENTURY OF CRIMINAL EQUITY. NORTHWESTERN UNIVERSITY, SCHOOL OF LAW DIARY FOR CRIMINAL LAW & CRIMINOLOGY, 70 100(3), 825-868. 383 BANDES, ENCOUNTERED WITH URBAN DECAY BECAUSE OF DEINDUSTRIALIZATION, INNOVATION DEVELOPED, GOVERNMENT LODGIN. AN. (2009). SECURING THOSE PURE AS THOSE ESSENTIAL QUALITY OF THE CRIMINAL JUSTICEFRAMEWORK. THE OHIO STATE DIARY OF CRIMINAL LAW, 7, 1-27. 217 Firstly, it is personal, because it is the victim of wrongful conviction who suffered jail time. Secondly, the victim of wrongful conviction is condemned for rest of his life with societal demise and hate, due to the failure of criminal justice system.384 Traditionally, when a person is arrested in different charges, he is presumed guilty where due to lack of responsibility played by the investigating officers, political corruption, media trial, false confessions if there leads to wrongful conviction of a person who is otherwise innocent. A truth is that inadequate attention is paid to the welfare and concerns of the victim of wrongful conviction.385 These people are punished in such a way that even if they are wrongfully convicted and are later exonerated but still after going into the society they are publicly hated, demised whether due to public disgust and hatred for a particular crime or the story attached to it. 386 We are familiar with the procedure that in every civilized state a suspect who commits a crime is apprehended, brought to trial, and if found guilty convicted and sentenced. I ask the question, does this achieve 'complete justice' as constitutionally envisaged. I ask the further question whether the criminal justice system ends there. What if the person who is arrested is a victim of malicious prosecution, what if the person is convicted in a rape case in absence of any DNA sample where it would have made him innocent? Is the victim consigned to the limbo of forgotten things?387 On Adam Bhai case The accused post acquittals have described horrifying instances of abuses where besides physical torture, third-degree measures; emotional torture was used including 384 GROSS, ENCOUNTERED WITH URBAN DECAY BECAUSE OF DEINDUSTRIALIZATION, ENGINEERING CONCOCTED, GOVERNMENT LODGI. R. (2008). CONVICTING THOSE PURE. THOSE TWELVE-MONTH SURVEY ABOUT LAW AND SOCIAL SCIENCES, 4, 173-192. 385 DRAIN , A. , CUTLER, B. L. , & WALLENDAEL, L. (2009). LINEUPS ALSO ONLOOKER ID NUMBER. THOSE TWELVE-MONTH SURVEY FOR LAW FURTHERMORE SOCIAL SCIENCES, 5, 157-178. 386 MURTY, K. ENCOUNTERED WITH URBAN DECAY BECAUSE OF DEINDUSTRIALIZATION, ENGINEERING IMAGINED, GOVERNMENT LODGIN. , & VYAS, AN. G. (2010). POST-CONVICTION DNA EXONERATIONS. DIARY FOR U. ENCOUNTERED WITH URBAN DECAY BECAUSE OF DEINDUSTRIALIZATION, ENGINEERING IMAGINED, GOVERNMENT LODGIN. -CHINA GOVERNMENT FUNDED ADMINISTRATION, 7(7), 82-83. 387 Murty, k. Encountered with urban decay because of deindustrialization, engineering concocted, government lodgi. , & vyas, an. G. (2010). Post-conviction dna exonerations. Diary about what's to come for u. Encountered with urban decay because of deindustrialization, engineering imagined, government lodgin. -china general population administration, 7(7), 85-88. 218 threats of physical and sexual violence against the accused family, if they refused to accept the charges. One of the accused depicted a ‗club party‘ that beat up detainees. ―This club party was a group of five-six inhumans…uncivilised persons who would rush in like hungry wolves… they used to beat until they themselves got tired or the victim became unconscious.‖ There are mainly 2 key issues involved in the case. 1. The court said the prosecution has lots of flaw. 2. There was non-application of mind of home minister. The court also, allude to CM at that time. 68,000 were arrested under TADA. There was torture and their trial was held in camera. The conviction was 0.6%. Victim Testimony ―I (Ravi nayar himself) was arrested on raj ghat reading gandhi‘s speech. I was taken up a special treatment. I was put into separate room where pickpocketers are kept. Other pickpokecters said ‗they beaten us for 7 days only for the case of pickpocketing‘. ‗other accused said ‗Forcing me to confess that I have committed burglary‘. I was accused of a new act after a month. Mohammad Shami acquitted me. I got benefit due to having contact with railways.‖ Nanda accident case: - where the car became truck it become plane. The defense was trying to unnecessary procrastinating the case. In Khehar Singh case: - Justice Tarkunde very Cleary said that there was no evidence to hand even a dog and they have handed the accused. Justice chandhrud said we made a mistake on the case. MR hanif was arrested in this case In Farooqa case: 10 lack was given as compensation that was never provided thereafter. In a gang rape case by a policeman of 17-year-old the compensation was meagre 50K Rs. The fact her life was shattered. The recommendation is that Compensation 219 has to be mandatory with good amount. The national police commission in 1981 had clearly done a whole chapter. There must be compensation. A senior officer to me once said there must not be section 197, as it is prone to misuse. Hawala case: - Mandatory compensation in akshardham case- the court named the PO for torture and falsification of evidence and wrongful arrest. Rule of law was compromised. On May 16, 2014 the Supreme Court of India acquitted the six defendants, stating in their judgment: "We intend to express our anguish about the incompetence with which the investigating agencies conducted the investigation of the case of such a grievous nature, involving the integrity and security of the nation."388 There are different ways of achieving this objective but perhaps the easier way may be for the victim to pursue compensation within the criminal process or what we describe as the adhesion procedure. The framework of the law in India on this matter should finds its place in the provisions of the constitution, the code of criminal procedure 1973. the person who faced the vengeance of the failure of the criminal justice system shall have rights to be enforced in order to provide it with the place to stand in a dignified condition after being exonerated but till now the criminal justice system has been lacking and failed to provide that support in the form of compensation and acknowledgement to be a free man. Even after almost 70 years being an independent nation, the criminal justice system has failed to stop certain evils that come in subordination of being wrongfully convicted, that are- 1. Illegal detention by the police 2. Torture 3. Malicious methods of investigation 4. Harassment of family members 388 ABDAMBHAI, SULEMANBHAI, AJMERI & ORS. VS. STATE OF GUJARAT, NOS. 2295-2296 OF 2010 (SUPREME COURT OF INDIA, CRIM. APPELLATE JURISDICTION, 5-16-2014)" 220 5. Continuing surveillance even after exoneration.389 Above are some of the many factors that are weakening the stature of the criminal justice system where a common thought of process which evolve is that once an individual is arrested for a serious crime, he is not coming out as a dignified member of society even after an exoneration by law. These principles are fundamental to the governance of the country and it is the duty of the state to apply these principles for it has pledged to establish a just and fair state committed to social, economic and political justice which includes the promotion of the welfare of the people by securing and protecting, as securely, as it may, a social order in which justice shall guide all institutions of national life. On the other hand, we have the chapter on provisions for the protection of the accused from the time of his arrest until the end of his trial. Victims here as we all know are persons who have individually or collectively suffered torture, including physical or mental injury, emotional suffering due to insult of individual and family due to wrongful prosecution, economic loss or substantial impairment of their rights guaranteed by the constitution, but ironically, we do not make similar provision to address their suffering in the meticulous manner in which they deserve to be.