Top StoriesJudgment Which Attains Finality Can’t Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict’s Plea Of Juvenility Mehal Jain27 Nov 2020 11:53 PMShare This – xThe Supreme Court has dismissed a petition filed by 1993 Mumbai blasts convict Muhammad Moin Faridulla challenging its March 21, 2013 decision upholding the sentence of rigorous imprisonment for life.Qureshi, who was 17 years and 3 months old when he loaded vehicles with explosives and fitted them with timers to devastating effect on March 12, 1993 in Mumbai, had invoked the provisions…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has dismissed a petition filed by 1993 Mumbai blasts convict Muhammad Moin Faridulla challenging its March 21, 2013 decision upholding the sentence of rigorous imprisonment for life.Qureshi, who was 17 years and 3 months old when he loaded vehicles with explosives and fitted them with timers to devastating effect on March 12, 1993 in Mumbai, had invoked the provisions of Juvenile Justice Act to seek leniency. The bench of Justices D. Y. Chandrachud, Indu Malhotra and Indira Banerjee were hearing an Article 32 petition seeking a writ of certiorari for setting aside the sentence, extending the benefit of juvenility, while maintaining the conviction.Senior Advocate S. Nagamuthu, appearing for the petitioner, drew the attention of the bench to the 2004 apex court decision in Madan Singh v. State of Bihar, where two persons, facing trial for alleged commission of various offences punishable under IPC, TADA Act and Arms Act, were held to be juveniles within the meaning of Juvenile Justice Care Protection of Children Act, 2000 and were entitled to the benefit under the said Act.”That aspect was not under appeal before the Supreme Court. This is not a judgment of our court on that point”, noted Justice Chandrachud.However, the bench recorded Mr. Nagamuthu’s submission that he seeks to rely on an order in the criminal appeal in the 1993 serial Rajdhani Express blasts, where the court had allowed the plea of juvenility plea to be raised. The bench recorded that reliance is placed on the order dated March 9, 2011 of a two-judge bench in Mohammed Jalees Ansari v. CBI, where, by an application, it was brought to the notice of the Court that on the date of the incident i.e. 5th December 1993, a co-convict Mohd. Azimuddin was less than 18 years of age and was therefore deemed to be juvenile in terms of the amendment made in 2000 in the Juvenile Justice (Care and Protection of Children) Act, 1986. The bench had then directed that the applicant be released from incarceration forthwith.”The position which emerges from the record is that the conviction has attained finality by dismissal of the criminal appeal and the review petition. The issue of juvenility was raised before the Designated Court and this Court and has been dealt with specifically. This petition under Article 32 requires this Court to overturn the sentence of the petitioner which was imposed as an outcome of the TADA case. When conviction has attained finality, remedy under Article 32 is not available. However, we have allowed Mr. Nagamuthu to take the remedy available in law. “, said the bench headed by Justice Chandrachud.Narrating the sequence of events, the bench recorded that following a series of blasts at Mumbai on March 12, 1993, the petitioner was arrested on April 20,1993. He was arraigned as Accused no. 43. During the trial, the petitioner moved an application before the Designated Court seeking protection under the Juvenile Justice Act, 2000. The application was contested and on September 22, 2006, the Designated Court dismissed the application. By a judgement and order dated December 4, 2006 and July 24, 2007, the Designated Court, under TADA, convicted the petitioner and sentenced him to rigorous imprisonment for life. The petitioner filed a statutory appeal before the Supreme Court against the conviction. He also filed an appeal on the issue of juvenility, which appeal was disposed off on February 19, 2010, granting liberty to the petitioner to pursue his rights in the main appeal against the conviction. Subsequently, on March 21, 2013, the appeal against conviction was dismissed, holding that the TADA is a special purpose legislation and will have precedence over any other Acts. The review petition of the petitioner was also dismissed on July 17, 2014.’Despite the burden and the number of review petitions, we judges follow reviews very carefully’ – Justice ChandrachudThe judge then proceeded to remark, “The jurisdiction of review and curative petitions was carved out as a genuine remedy. But you won’t believe the number of review petitions we get! The petitions don’t even mention the error apparent on the face of the record; they just state the grounds like a SLP! 99% of the review petitions are like this! As judges, we are conscientious and we are worried – we quickly look through the grounds – it is very important that something doesn’t miss the court…but it doesn’t happen in our Court””Recently, there was a case where the issue of juvenility was raised for the first time before this court. There was a prisoner under section 302 who did not have legal aid. He wrote a letter from jail. There was just one line saying that he had been less than 17 years of age at the time the crime was committed. The registry had placed it as a review petition. We immediately appointed a legal aid counsel who drafted a review petition on this ground. We also directed an inquiry into it and we also have an Amicus now. But think of the poor chap who has been lost for 12-13 years!”, Justice Chnadrachud told Mr. Nagamuthu.”I have been party to benches where we have given the benefit of juvenility in the Supreme Court for the first time. We are concerned that the opportunity to argue in the forum does not get lost. Despite the burden and the number of the review petitions, the judges follow the reviews very carefully…we have our way of reading, we are looking for that one ground and we spot it!”, said Justice Chandrachud.”I feel guilty. This is how I should have done things during my tenure as a judge”, said Mr. Nagamuthu, having been a judge of the Madras High Court.”But now you are doing yeoman service on that side. You require strong lawyers on that side and judges on this side”, remarked Justice Chandrachud.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
January 18, 2021
Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window) BUFFALO – A federal grand jury returned an indictment Thursday charging a Mayville man with possessing with intent to distribute five grams or more of methamphetamine, according to the U.S. Attorney’s Office. Officials say Harry J. Radke, 44, faces a minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine if convicted.Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment, on Jan. 27 the Chautauqua County Sheriff’s Office received information that multiple individuals were living in apartments at a residence on South Erie Street in Mayville.After speaking with the owner of the building, deputies learned that, except for one, the apartments were supposed to be empty because the building was in the process of being renovated. Deputies were given permission by the owner to go into the apartment building and clear out the individuals who were not supposed to be in the building. As deputies were clearing the apartments in the building, they found an unmarked third floor apartment. As they were preparing to make entry, Radke came out of the apartment and was taken into custody. While clearing the apartment, deputies noticed signs of methamphetamine possession, production, and distribution. As a result, they called the Drug Enforcement Administration for assistance.During a search of the apartment, investigators reportedly discovered scales, hypodermic needles, plastic baggies, and a red medical bag. Inside, they found brake fluid bottle with a false bottom. Inside the false bottom was an ounce of methamphetamine. Investigators also found a pair of boots in the apartment with the wallet and Radke’s identification inside them.Radke is currently detained and scheduled to be arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy on Tuesday at 2:00 p.m.The indictment is the result of a joint investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.