Former Delhi High Court Chief Justice A P Shah on Saturday highlighted “different parameters’’ used to deal with accused from the minority and majority communities. He was discussing “malicious prosecution” and role of investigating agencies in “fabricating evidence” against people from a “particular community” especially in terror cases.
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Shah referred to the Malegaon blast case and said that the prosecutor had been asked to “go soft” after the suspects were found to be from the majority community. He added that he has “serious doubts” that the government would create compensation framework for falsely-accused people or take action against officials responsible for framing them. “The ICCPR (International Covenant on Civil and Political Rights) was signed 60 years ago but no government so far has made the legislations required. What happened to police reforms? it has been 20 years since the Supreme Court judgement on this came,” said Shah at the launch of a report of People’s Tribunal on Acquitted Innocents.
Shah noted that judges were “biased or hesitant” about ordering compensation while acquitting people accused of terror despite judicial precedents. “I want to ask this of the bench which passed the Akshardham judgement: when you recorded that there is evidence of false prosecution, then why not take action against the police officials.’’