Malicious Prosecution and Miscarriage of Justice: A Wake-Up Call for the System

15/10/2025

The recent arrest of six police officers and their prosecution by the Central Bureau of Inves-tigation (CBI) in the Srinagar case is an eye-opener and has once again brought to light the grave issue of malicious prosecution and miscarriage of justice in India. The case, which has shocked the conscience of the nation, revolves around the illegal arrest and inhumane treatment of a citizen by the Srinagar police. As per the victim's family, the individual was subjected to brutal torture during interrogation, leading to the amputation of his testicle - a horrifying act that defies every principle of humanity and the rule of law.
The Supreme Court of India, taking note of the seriousness of the allegations, ordered the arrest of the six police officials and directed that the investigation be handed over to the CBI to ensure impartiality. The Court also granted an interim compensation of Rs 50 lakh to the victim, recognizing the immediate need for relief, though no monetary amount can truly compensate for the trauma and humiliation suffered. This case is not merely about individual wrongdoing - it is a grim reminder of how the misuse of police power can destroy lives and shake public faith in the justice system.
Malicious prosecution has unfortunately become a recurring phenomenon in India. It refers to the institution of criminal proceedings against an innocent person with an improper motive - often to harass, intimidate, or settle personal or political scores. In many such cases, innocent citizens are wrongfully arrested, detained for years, and stigmatized for crimes they never committed. By the time they are acquitted, their reputation, health, and livelihoods are already destroyed. Compensation, if any, comes too late and too little.
The case in Srinagar exposes a disturbing pattern - where certain sections of law enforcement misuse their authority for personal or institutional protection. Instead of acting as protectors of justice, such officers become perpetrators of injustice. The entire process - from false FIRs to fabricated evidence and custodial torture - represents a systematic breakdown of accountability.
The judiciary, as the guardian of fundamental rights, must continue to rise to such occasions with firmness and sensitivity. The Supreme Court's intervention in this case demonstrates that the courts remain a beacon of hope for victims of state excesses. However, isolated interventions are not enough. There must be systemic reforms to ensure that such incidents do not recur.
Courts should impose strict liability on officers found guilty of malicious prosecution and order swift disciplinary action, including dismissal from service. Furthermore, victims should receive substantial compensation and rehabilitation under a time-bound mechanism. Judicial pronouncements must emphasize that the dignity and liberty of citizens are non-negotiable, even in matters of investigation or national security.
The installation of CCTV cameras in all police stations and interrogation centers is indeed the need of the hour. The Supreme Court itself, in several judgments, has directed that all police stations must have functional CCTV surveillance to prevent custodial torture and ensure transparency. Unfortunately, implementation remains patchy. Strict compliance with these directions is essential to safeguard the rights of detainees and hold erring officers accountable for misconduct.
Moreover, independent oversight committees should be established at state and district levels to monitor police conduct, review cases of wrongful arrest, and recommend corrective measures. Training programs focusing on human rights, ethics, and legal procedures must be made mandatory for all law enforcement officers to instill a sense of duty and restraint.
The Srinagar case is a stark reminder that justice delayed or denied at the hands of those meant to enforce it is the greatest betrayal of democracy. Malicious prosecution and custodial abuse are not just administrative failures but moral crimes against humanity. It is time for the judiciary, legislature, and civil society to work together to reform the system, enforce accountability, and restore the people's faith in justice. Every innocent life wrongfully prosecuted is a scar on the nation's conscience - and the time has come to ensure that such scars are never inflicted again.
(Writer is a practicing lawyer and former President J&K High Court Bar Association Jammu)

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