Supreme Court notice to government on plea to frame national compensation policy for unjust imprisonment

The Supreme Court on Monday (November 24, 2025) decided to examine a plea for the formulation of a uniform, national framework that recognises the right to compensation for unjust and arbitrary imprisonment, which culminated in discharge or acquittal.

A Bench headed by Justice Vikram Nath issued notice to the Union government on the petition filed by Jawaharlal Sharma, represented by advocate Neha Rathi, to recommend appropriate yardsticks for monetary and non-monetary relief, including counselling, livelihood assistance, and social reintegration.

The petition submitted the need for a dedicated compensation fund to ensure timely and effective relief to such victims.

“There is a serious constitutional and legislative vacuum concerning the absence of any statutory, institutional or administrative framework for compensating individuals who suffer prolonged arbitrary or unjust imprisonment, and who are ultimately acquitted or discharged after losing valuable years of their life,” the petition said.

As per the settled jurisprudence, any detention or arrest has to be “reasonable, fair and just”.

“Arbitrary and prolonged imprisonment of citizens without timely trial amounts to state-inflicted injustice and violates the principle of reasonableness which forms part of the basic structure of the Constitution,” the petition argued.