Executive Accountability at Personal Level in India: In light of Insufficiency and Ineffectiveness of Compensatory Jurisprudence

References

[1] R. P. Kapoor v. Pratap Singh Kairon, AIR 1966 All 66

[2] S. K. Sundaram, AIR 2001 SC 2374

[3] Harbhajan Singh v. State of Punjab & Anr., AIR 1966 SC 97.

[4] Rahul Bedi, “Forgotten man of Indian justice spent 40 years in jail”, The Irish Times, Feb. 16, 2006. At <https://www.irishtimes.com/news/forgotten-man-of-indian-justice-spent-40-years-in-jail-1.1016150>

[5] National Human Rights Commission, “26th Annual Report 2018-19” 18 (2019)

[6] National Human Rights Commission, “27th Annual Report 2019-20” 23 (2020)

[7] Rahul Bedi, “Forgotten man of Indian justice spent 40 years in jail”, The Irish Times, Feb. 16, 2006.

[8] Devyani Madaik, “My Body Is Broken...': UP Man Acquitted After 20 Years Of Imprisonment For Crime He Didn't Commit”, The Logical Indian, Mar. 4, 2021.

[9] Rahul Bedi, “Forgotten man of Indian justice spent 40 years in jail”, The Irish Times, Feb. 16, 2006. At <https://www.irishtimes.com/news/forgotten-man-of-indian-justice-spent-40-years-in-jail-1.1016150>

[10] Rahul Bedi, “Forgotten man of Indian justice spent 40 years in jail”, The Irish Times, Feb. 16, 2006. At <https://www.irishtimes.com/news/forgotten-man-of-indian-justice-spent-40-years-in-jail-1.1016150>

[11] Devyani Madaik, “My Body Is Broken...': UP Man Acquitted After 20 Years Of Imprisonment For Crime He Didn't Commit”, The Logical Indian, Mar. 4, 2021.

[12] Anand ST Das, “After Spending 18 Years in Jail, Odisha Man Acquitted by Court in Triple Murder Case”, News 18, Dec. 17, 2021.

[13] Bilal Kuchay, “127 Indian Muslims charged with ‘terror’ acquitted after 19 years”, Aljazeera, Mar. 9, 2021.

[14] Nazir Masoodi, “Unjustly Jailed For 23 Years, Ali Mohammed Bhat Returns To Parents' Grave”, July 26, 2019.

[15] Subs. By act 25 of 2005, w.e.f. 23.6.2006, earlier it was 100 Rs. only.

[16] Mundrathi Sammaiahm, Law on Compensation to Victims of Crime and Abuse of Power 75 (Deep and Deep publications, New Delhi, 2002) cited in Dr. Preeti Mishra, “Compensatory Justice Jurisprudence in India With Reference To Criminal Law: An Evaluation” 1 Dibrugarh University Law Journal 69-79 (2013).

[17] AIR 1983 SC 1086

[18] AIR 1986 SC 494

[19] AIR 1993 SC 1960

[20] 1997 (1) SCC 416

[21] See Para 41, UN Commission on Human Rights, Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms (1993)

[22] Status of Ratification of International Human Rights treaties, Accessible at <https://indicators.ohchr.org/>

[23] Ravi Nair, “Violations of Rights and Compensation: India’s failure to adhere to International standards”, News Click, Oct. 5, 2020

@article{1703950,
      author = {Kartikey Bajpai},
      title = {Executive Accountability at Personal Level in India: In light of Insufficiency and Ineffectiveness of Compensatory Jurisprudence},
      journal = {Iconic Research And Engineering Journals},
      year = {2022},
      volume = {6},
      number = {6},
      pages = {162-169},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/17039502.pdf},
      abstract = {Fundamental Rights are the most precious rights we as Indian have and even though such rights are not absolute and are capable of being taken away under certain circumstances, they are only allowed to be taken away as such at a high threshold. The branch of executives responsible for arresting and investigating are the police officials. It is expected of them to exercise extreme due care while taking away people?s fundamental rights when the law demands such detention. Still, we have a lot of cases at our disposal that reflect absence of such due care resulting in gross violations of fundamental rights of people by way of unlawful detention, custodial torture, harassment, wrongful prosecution etc. The law tries to remedy such violations by providing monetary compensation and even that is not a statutory obligation on state. Only this remedy is insulting, ineffective and insufficient in preventing such instances. The need of the hour is fixing accountability at a personal level of those executive investigating and arresting officials who fail either negligently, carelessly or willingly cause such miscarriage of justice in form of fines, imprisonment, loss of office.},
      keywords = {Compensation, Fundamental rights, Personal Accountability, Police, Violation},
      month = {December},
  }