When can you ask damages from Govt if you have been subjected to a false criminal case?
S Nambi Narayanan 2018 (11)SCALE page 171 on page 184 in para 31, says that when criminal law is set into motion without basis, Art 21 is violated and a person against whom any false case is filed is entitled to compensation. It seems from the case that there are two rights
(1) this right is under Public Law under Art 226 or Art 32...(2) The damage he can claim in suit could be additional remedy.
The law here is in evolving stages. It is for trial court and high court advocates to expand this law of damages by leading appropriate evidence in fit cases
Because in this case, even if suit for damage was pending, Supreme Court awarded damage of Rs.50 Lakh for malicious prosecution.
This is Law of Torts in action.
(c) Haresh Raichura 26/9/18 Revised and Reposted 26/9/19
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