Panel Discussion on Wrongful Prosecution (Miscarriage of Justice): Legal Remedies Report 277 of Law Commission of India
K.L. Arora Chair in Criminal Law & Centre for Criminology & Victimology, National Law University Delhi organized a panel discussion on Wrongful Prosecution (Miscarriage of Justice): Legal Remedies – Report 277 of Law Commission of India on 1st October 2018 at India International Centre, New Delhi. The welcome address was given by Prof. (Dr.) Ranbir Singh, Vice-Chancellor, NLU Delhi. Prof. (Dr.) G.S. Bajpai, Registrar, NLU Delhi discussed in brief the important points pertaining to the Law Commission report.
The panel discussion was graced by dignitaries- Hon’ble Mr. Justice Ravi R. Tripathi, Former Member of Law Commission of India, New Delhi; Prof.(Dr.) B.B. Pande, Distinguished Professor, NLU Delhi; Shri Sidharth Luthra, Sr. Advocate, Supreme Court of India, New Delhi; Shri Colin Gonzalves, Sr. Advocate, Supreme Court of India and Director HRLN and Ms. Vrinda Grover, Sr. Advocate, Supreme Court of India, New Delhi.
Prominent speakers like Prof. (Dr.) Mrinal Satish, NLU Delhi; Dr. Aparna Chandra, NLU Delhi, Mr. Sharib Ali, Program Head, Law and Human Rights Cell, Quill Foundation and Ms. Manisha Sethi were actively involved in the discussion.
The following themes were discussed in the Panel Discussion:
1. The Law Commission’s approach to use ‘wrongful prosecution’ and ‘malicious prosecution’ – its appropriateness.
2. Conceptualization of Wrongful Prosecution and Malicious Prosecution
3. Critique of the standards of Wrongful Prosecution discussed in the report.
4. Appreciation of best practices in case of wrongful prosecution mentioned in the report and its application in Indian Context
5.Contexualization of Wrongful Prosecution in India vis-a- vis other jurisdictions
6. Critically evaluating the proposed amendments in Section 365 B
7. Legislative Reforms suggested and their implementation
5. Overall context and methodology.
More than 60 participants including Research Scholars, Academicians and Law Teachers from reputed institutions and faculty members from NLU Delhi participated in the panel discussion.
The panel discussion was moderated by Prof. (Dr.) G.S. Bajpai, Registrar and Chairman of the Centre for Criminology and Victimology at National Law University Delhi. The program was coordinated by Dr. Sidharth Dahiya, Assistant Registrar, NLU Delhi and Ms. Pratibha Tandon, Research Associate, NLU Delhi.