Justice A.K Patnaik's Memorial Lecture in NLUO
NATIONAL LAW UNIVERSITY, ORISSA PRESS RELEASE ON THE FIRST DINABANDHU MEMORIAL LECTURE
Hon'ble Justice A.K Patnaik delivered the first Dinabandhu Memorial Lecture on October 10, 2010 titled Compensation to Victims of Crimes and Rehabilitation of Convicts After Imprisonment on the event of the institution of a gold medal in honour of eminent legal personality late Dinabandhu Sahu to felicitate the Best Graduate of the University.
Dinabandhu Sahu, a patriot and a freedom fighter, was deeply committed to the social, economic and educational needs of the people of Orissa. Sahu had supported many leaders of the Prajamandala Movement (freedom struggle in the feudatory states) and other freedom fighters as well at his own expense. A Gandhian by principle, Sahu had a human touch in his legal dealings. He has extended free legal services to the needy. He had even declined a coveted position in the higher judiciary because he wanted to whole-heartedly reach out to the masses. Sahu, who has been the Minister of Law, Health and Development, Minister of Education and Minister of Industries, Mining and Geology at various points of his career, has introduced innovative schemes for industrialization and development of Orissa.
Hon'ble Justice Patnaik reminisced his days of interaction with Late Dinabandhu Sahu and recounted admirably the latter's dexterity in examining and cross-examining witnesses in criminal trials. He stated that the topic of his speech based on Criminal Law was decided in co-relation to the area of practice of Late Dinabandhu Sahu.
Drawing the attention of the assembled group to the plight of convicts after a long imprisonment, Justice Patnaik reminded us: A convict does not cease to be a person and as a person continues to have the fundamental right to life and liberty guaranteed under Article 21 of the Constitution. He stressed on the fact that the law must provide for compensation to the needy convicts and their rehabilitation after punishment.
However, Justice Patnaik emphasised that the State cannot be held responsible for not compensating the victim. He explained that the State has not committed the crime. But he elaborated: The State, however, can be held vicariously liable for compensation to victims of violation of their fundamental rights by its employees and in such cases where the State is made to pay compensation to victims, the courts have held that the State can initiate appropriate action to recover the compensation paid to its employees responsible for the wrong. He cited the 1993 case of Nilabati Behera v. State of Orissa and Others, the 2000 case of Chairman, Railway Board and Others v. Chandrima Das(Mrs.) and Others, the 1997 case of D.K Basu v. State of West Bengal to illustrate his point.
He highlighted and interpreted the conditions required to be fulfilled before a Criminal Court for awarding compensation by referring to the Section 357 of the Code of Criminal Procedure, 1973. To elaborate on his reference, he cited the 1978 case of Sarwan Singh and Others v. State of Punjab, the 1988 case of Hari Singh v. Sukhbir Singh and Others, the 2002 case of Rachhpal Singh and Another v. State of Punjab, the 2004 case of In Mangilal v. State of M.P and the 2008 case of Manish Jalan v. State of Karnataka.
An extremely important question raised by Justice Patnaik in due course of his lecture was: What happens where the court finds that the convict has no capacity whatsoever to compensate the victim? He explained that in India, a victim cannot be compensated in such a situation. However, in England, such victims can benefit by the Prisoners' Earnings Act, 1996 that empowers the prison administration to make deduction from the earnings of the prisoner. This idea has been enforced in the judgment of the State of Gujarat and Another v. Hon'ble High Court of Gujarat, said Patnaik. Quoting this judgement, Justice Patnaik explained the need for each State to constitute a wage-fixation body.
Hon'ble Justice Patnaik urged the need of the hour is that the Criminal Courts must help victims and award appropriate compensation to the needy. He concluded his lecture by underlining the requirement of the State to amend its laws to incorporate the creation of a common fund for victim compensation and also pay the convicts equitable wages so that they have enough to compensate their wrongdoers, meet the expenses of their family and build up savings for their rehabilitation.
The Dinabandhu Sahu Public Lecture shall be held around October 10 every year and will remain open to the public. A sum of Rs. 5 lakhs has been donated for the purpose, which will be used as a corpus fund for the public lecture and gold medal.