SC turns down compensation plea of acquitted persons in Akshardham terror case

The Supreme Court on Tuesday refused to entertain a plea of six persons, who have been acquitted by the court in the 2002 Akshardham terror attack case, seeking compensation for their ‘wrongful’ arrest.

A Bench, comprising Justices Dipak Misra and R Banumathi, said it would set a dangerous precedent if the acquitted persons were allowed to seek compensation for their ‘wrongful’ arrest.

Senior advocate KTS Tulsi, appearing for the acquitted persons, withdrew the plea, after sensing the mood of the Bench and said that they might lodge a case against the Gujarat police for “malicious prosecution”.

Earlier, the Gujarat government had opposed the plea, saying that it would have a “serious demoralising effect” on the investigating agencies.

It had said that since the trial court as well as the Gujarat high court had convicted them for their alleged roles in the terror attack that had claimed 32 lives, the issue of “curtailment” of their personal liberty, which they were claiming, could not be accepted.

On May 16, 2014, the Supreme Court had acquitted the six persons, including the three condemned prisoners, in the case, saying, “The story of the prosecution crumbles down at every juncture.” 

The state, in its counter affidavit, had said the agency had followed the law in chargesheeting these six persons, who were convicted by the designated POTA court, and their conviction was subsequently confirmed by the high court. The affidavit had said that such an eventuality would be “against public interest and interest of the nation”.