Jail Is Jail: Kerala High Court Asks State to pay ₹2.5 Lakhs to Two Persons Falsely Implicated & Detained for Over 50 Days
Case: Anil Kumar A.B. v. State of Kerala & Ors.
Coram: Justice P.V. Kunhikrishnan
Case No.: WP(C) NO. 32519 OF 2010
Court Observation: “A man in jail alone will know the trauma faced by him. Even if the jail is constructed with beautiful walls and contain a good atmosphere, it is not a consideration at all for fixing compensation, because jail is always jail.”
Mahatma Gandhi shared his jail experience in these words: “Men in prison are “civilly dead” and have no claim to any say in policy”. Nelson Mandela, the great fighter against apartheid, described his prison life in the following words: “No one truly knows a nation until one has been inside its jail. A nation should not be judged by how it treats its highest citizens, but its lowest ones”. An American journalist by the name of Mumia Abu Jamal said the following about his prison life: “Prison is a second-by-second assault on the soul, a day to-day degradation of the self, an oppressive steel and brick umbrella that transforms seconds into hours and hours into days.”
“Once an allegation is raised against the accused in an Abkari case, the jurisdiction of the Court to release the accused is very limited. This Court and the Sessions Court invoke the powers under Section 438 Cr.P.C only rarely in Abkari cases. Of course, these restrictions were imposed because of the serious nature of the offence and to eradicate the illicit manufacture of liquor. But in such situation, there cannot be any false implications against innocent persons due to private disputes.”
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Keywords
Falsely Implicated, Falsely Detained
