Trial detention and compensation

Although India's judicial system has many advantages, a major drawback is that justice often gets delayed due to prolonged litigation through various courts, taking years. Therefore, granting bail to accused persons in cases other than terrorist offences is indispensable. Detaining an individual as an undertrial prisoner for a long period is equally a violation of human rights. Such practices have no place in a progressive and enlightened society. Trials can get delayed many times due to several reasons that may not have anything to do with the accused. Delays from the government advocates' side, witnesses not attending the trial, delays in collecting and submitting evidence, etc. are some reasons why cases drag on indefinitely.

Legal experts have many times opined that it is not right to keep a person in jail on the ground that the trial has not started until the case investigation has been concluded after completing the collection of evidence, custodial interrogation and other procedures. If a court finds someone innocent after prolonged trial detention, no one provides justification or explanation for depriving him of his freedom for so long. Currently, no compensation is provided to those acquitted after spending years in jail. The Supreme Court has pointed out that there needs to be a change in this and that providing compensation to those who are acquitted and released should be considered.

A bench headed by Justice AS Oka observed that “someday” the constitutional courts have to sit up and decide whether the state should pay compensation to individuals who spent years behind bars as an undertrial only to eventually get a clean acquittal. The court made this observation while granting bail to former Tamil Nadu minister Senthil Balaji in a money laundering case related to accepting bribes for providing jobs in the transportation department. The court granted bail to Balaji citing delay in the trial process. The Supreme Court should conduct an inquiry about those who are staying in various jails in India due to the delay in trial. If people are staying in jails like this for years, then action should be taken to free them as well.