Rajasthan
Raj plea for stay of acquittal order unheard of: SC bench | Jaipur News
JAIPUR: The Supreme Court on Wednesday termed as “unheard of” the state government’s plea seeking a stay on the high court verdict acquitting four men who were handed down death penalty by the trial court in the 2008 Jaipur serial blast case, and said it needs to see whether the judgement was “erroneous” and “perverse”.
Jaipur was rocked by a series of blasts on May 13, 2008 when bombs went off one after another at Manak Chawk Khanda, Chandpole Gate, Badi Chaupad, Chhoti Chaupad, Tripolia Gate, Johri Bazar and Sanganeri Gate.The explosions left 71 people dead and 185 injured.
A bench of justices BR Gavai, PS Narasimha and Aravind Kumar told attorney general R Venkataramani, appearing for the Rajasthan government that the prayer for stay of the acquittal order is unheard of. “To consider your extraordinary prayer, we have to see that the judgement is prima facie erroneous and perverse.”
The bench told Venkataramani, who along with senior advocate Manish Singhvi appeared for the state government, which has filed four separate appeals challenging the acquittal of four accused, that when there is acquittal by any court the presumption of innocence of accused gets reinforced.
Senior advocate Rebecca John and other counsel, appearing for those acquitted, referred to the condition imposed upon them that they will register their appearance daily between 10am and 12 noon before the anti-terror squad police station in Jaipur.
‘Unreasonable restrictions’: Bench to AG
The bench told the attorney general that this condition puts “unreasonable restriction” on their movement but added that it will look at it on the next date of hearing.
Singhvi told the bench that despite it having summoned entire trial court records related to the case, all documents have not reached the top court yet.
The Rajasthan High Court had on March 29 set aside the lower court verdict awarding death penalty to the four accused and slammed the probe agencies for “shoddy investigation”. The high court had also affirmed the acquittal of a fifth accused by the trial court.
In December 2019, a special court had awarded death sentence to four men – Mohammad Saif, Mohammad Salman, Saifurrehman and Mohammad Sarvar Azmi – and acquitted Shahbaz Hussain.
Jaipur was rocked by a series of blasts on May 13, 2008 when bombs went off one after another at Manak Chawk Khanda, Chandpole Gate, Badi Chaupad, Chhoti Chaupad, Tripolia Gate, Johri Bazar and Sanganeri Gate.The explosions left 71 people dead and 185 injured.
A bench of justices BR Gavai, PS Narasimha and Aravind Kumar told attorney general R Venkataramani, appearing for the Rajasthan government that the prayer for stay of the acquittal order is unheard of. “To consider your extraordinary prayer, we have to see that the judgement is prima facie erroneous and perverse.”
The bench told Venkataramani, who along with senior advocate Manish Singhvi appeared for the state government, which has filed four separate appeals challenging the acquittal of four accused, that when there is acquittal by any court the presumption of innocence of accused gets reinforced.
Senior advocate Rebecca John and other counsel, appearing for those acquitted, referred to the condition imposed upon them that they will register their appearance daily between 10am and 12 noon before the anti-terror squad police station in Jaipur.
‘Unreasonable restrictions’: Bench to AG
The bench told the attorney general that this condition puts “unreasonable restriction” on their movement but added that it will look at it on the next date of hearing.
Singhvi told the bench that despite it having summoned entire trial court records related to the case, all documents have not reached the top court yet.
The Rajasthan High Court had on March 29 set aside the lower court verdict awarding death penalty to the four accused and slammed the probe agencies for “shoddy investigation”. The high court had also affirmed the acquittal of a fifth accused by the trial court.
In December 2019, a special court had awarded death sentence to four men – Mohammad Saif, Mohammad Salman, Saifurrehman and Mohammad Sarvar Azmi – and acquitted Shahbaz Hussain.