Judgment Which Attains Finality Can't Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict's Plea Juvenility
28 nov 2020
On Friday the supreme court granted liberty to 1993 Mumbai blasts because of Muhammad Moin Faridulla Qureshi to file a challenging petition.He was 17 years and 3 months old when he loaded explosives in vehicles and setted timers for the blast on March 12, 1993.Justices D. Y. Chandrachud, Indu Malhotra and Indira Banerjee were hearing an Article 32 petition on 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.
Justice Chandrachud said that "That aspect was not under appeal before the Supreme Court. This is not a judgment of our court on that point".
Mr. Nagamuthu said that "I feel guilty. This is how I should have done things during my tenure as a judge". He was the 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.