9 months ago
Man Jailed Due to Name Mix-Up, High Court Orders Compensation
Imagine a policeman accidentally wrote the wrong name on a paper, like writing 'John' when he meant 'James'.
Because of this mistake, an innocent person named Sushant was sent to jail for 14 months.
His dad, Hiramani, told the big court about this problem.
The big court looked into it and found out that the policeman and the officer who signed the jail paper made a big mistake.
They were supposed to put James in jail, not John.
The court said this was wrong and made the officer who signed the paper pay money to Sushant.
They also said the officer should be punished for making such a big error and lying about it.
It shows how important it is to get names and details right, especially when someone's freedom is involved.
Madhya Pradesh High Court fined Shahdol Collector Kedar Singh Rs 2 lakh for wrongful action under the National Security Act (NSA).
Sushant Vaishya was mistakenly booked under NSA instead of Neeraj Kant Dwivedi, leading to 14 months in jail.
The High Court issued a contempt notice to Collector Singh, ordering him to pay the fine from his own pocket.
The court directed the state Chief Secretary to take action against the Collector and Additional Chief Secretary.
The NSA order was issued without due process, and the criminal case against Sushant had already been settled.
- Who
- Shahdol Collector Kedar Singh, farmer Hiramani Vaishya, his son Sushant Vaishya, Superintendent of Police, Additional Chief Secretary (Home), High Court Justices Vivek Agrawal and AK Singh
- What
- Madhya Pradesh High Court imposed a fine of Rs 2 lakh on Shahdol Collector Kedar Singh and issued a contempt notice for wrongful NSA action against Sushant Vaishya, who served 14 months in jail due to a name mix-up.
- Where
- Shahdol, Madhya Pradesh
- When
- The High Court heard the case recently, ordering the fine and contempt notice.
- Why
- The NSA action was mistakenly taken against Sushant Vaishya instead of Neeraj Kant Dwivedi, who was recommended for NSA action by the Superintendent of Police. The case was compounded by the fact that the criminal case against Sushant had already been settled.
Arguments for NSA Action
Arguments Against NSA Action
Reason for NSA Action
Arguments for NSA Action
The Superintendent of Police recommended NSA action against Neeraj Kant Dwivedi due to his involvement in cases that may cause fear in society. The Collector mistakenly issued the NSA order against Sushant Vaishya instead of Neeraj Kant Dwivedi.
Arguments Against NSA Action
The NSA action was initiated without following due process. The criminal case for which Sushant Vaishya was booked under NSA had already been settled through a Lok Adalat. The NSA order was issued without recording the statement of any independent witness.
Responsibility for Error
Arguments for NSA Action
The Collector's lawyer argued that cases of Neeraj Kant Dwivedi and Sushant Vaishya were heard together, leading to a factual error.
Arguments Against NSA Action
An affidavit from the Additional Chief Secretary (Home) suggested a typing error led to Sushant's name being mentioned instead of Neeraj Kant Dwivedi. A notice was issued to the clerk involved.
Key facts
- Compensation Amount
- Rs 2 Lakh
- Recipient of Compensation
- Petitioner's son (Sushant Vaishya)
- Official Fined
- Shahdol Collector Kedar Singh
- Reason for Fine
- Wrongful action under National Security Act (NSA) and submitting a false affidavit.
- Jail Time Served
- 14 months
- Petitioner
- Hiramani Vaishya (father of Sushant Vaishya)
- Date of SP Report
- September 6
- Date of Collector's NSA Order
- September 9
Quotes
Madhya Pradesh High Court's division bench
The judicial body that heard the case and issued the ruling.
“NSA cannot be used as a tool and is only used when a person creates fear in society and among the public.”
NDTV
Sources
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