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by Admin
07 May 2024 2:49 AM
In a groundbreaking decision, the Supreme Court of India overturned several convictions in a high-profile criminal case, stating that failure to grant relief to certain accused would "amount to violation of fundamental rights guaranteed to them by Article 21 of the Constitution of India." The order has been hailed as a reaffirmation of the principles of personal liberty and justice.
The Court acquitted the appellant, Javed Shaukat Ali Qureshi, along with other accused, by relying on several grounds. It was primarily observed that the testimonies of PW-25 and PW-26 did not "inspire confidence." Therefore, the Court rejected their testimony in its entirety. "When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other," the judgment reads.
The Court went on to state that the principle of 'parity' would need to be applied in the cases of the various accused persons. This implies that the Court should decide like cases alike, not making a distinction between two similarly situated accused, which would otherwise "amount to discrimination."
The judgment also touched upon the Court's suo moto powers under Article 136 of the Constitution, stating that they should be "used very sparingly with caution and circumspection." It also invoked the doctrine of parity, emphasizing the importance of Article 21, which guarantees personal liberty, in the decision-making process.
Supreme Court concluded by setting aside the earlier convictions of the accused and acquitting them of the offences alleged against them. The Court also cancelled the bail bonds for those who were out on bail.
"This judgment upholds the sanctity of Article 21 and reaffirms that the principles of justice and personal liberty are paramount," said legal experts in the wake of the ruling.
Date of Decision: September 13, 2023
Javed Shaukat Ali Qureshi VS State of Gujarat
