MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI R. P. N. SINGH)
(a) to (e): A Statement is laid on the Table of the House.
STATEMENT IN REPLY TO LOK SABHA STARRED QUESTION NO. 21 FOR 26TH FEBRUARY, 2013.
(a) & (b) : No such data is centrally maintained as ‘Law & Order’ and ‘Prisons’ are State subjects
as per the Seventh Schedule of the Constitution of India. However, after the formation of the National
Investigation Agency (NIA) in 2009 for investigating cases pertaining to terrorism, 52 cases of terrorism
and extremism have been assigned to NIA. In one of the cases assigned to the NIA - the Malegaon Bomb blast
case of 2006 - thirteen persons were charge sheeted by the State Police - out of which nine were arrested
and four were absconding. The NIA did not find any evidence against them and the nine arrested have been
bailed out.
(c) to (e) : There are adequate constitutional and statutory provisions available to all persons including
those who are accused of any offence including terrorism to seek legal remedies. Further, every action of
the investigating agency is subject to court/legal scrutiny - including the issue of bail, conviction and
sentencing. Acquittal by Courts is also an outcome of a free and fair trial. The law enables the Courts at
the conclusion of trial, if it results in an acquittal, to pass strictures on the nature and quality of the
investigation and evidence collected. However, in every case, acquittal from charges cannot be considered
to prove that innocent civilians are being wrongly framed. The acquittal by the Courts may also be because
of lack of sufficient evidence, which could establish/prove charges beyond all reasonable doubt. As far as
the compensation package to the youth is concerned, it is for the Courts to pronounce compensation on prayer
by the accused if he establishes that he was a victim of false and malicious prosecution. Persons guilty of
false and malicious prosecution can also be charged under section 211 of IPC.
