Ref: – Sentenced Muslims of Mumbai blast should move Supreme Court for declaring sentence order invalid.
Dear Sir
The entire media is full of reports where every one is saying that the Supreme Court (S.C.) order dated August 20, 2007 for granting interim bail to Sanjay Dutt (a Bollywood actor convicted on November 11, 2006 on charges of possessing illegal fire arms and sentenced to a six years jail term on July 31, 2007) and five other (Muslims) in Mumbai blast 1993 case, is the result of not providing so far (contrary to the mandatory provision u/s 353 & 363 of Criminal Procedure Code, CrPC) the free copy of the judgment to the accused by the trial court.
But in this entire discussion one very important point of criminal jurisprudence is being missed that this failure on the part of the trial court of not providing the free copy of the judgment does not only deprives the accused of their legal right of appeal under CrPC / section 19 of the Terrorist and Disruptive Activities (Prevention) Act and of constitutionally enforceable fundamental right of liberty under Article 21 of the Constitution but also render these orders and coming judgments legally invalid in the eyes of the law (for the simple reason that the judge may still be writing the judgment which tantamount that the order is not based on judgment and this is simply not allowed in criminal law ).
Pronouncement of judgment is an important stage in criminal law. Therefore not only the judge is expected to put his signatures & date at the time of pronouncing it when accused are made to be present in person before the court, but also reviews are not allowed in criminal law.
Due to despicable nexus between advocates and judges (which is evident from the fact that had it not been the media hyped case of Sanjay Dutt the injustice, as per media reports, to more than 50 accused similarly kept in jail illegally in Mumbai blast case would never have come to light) the illegal / unconstitutional practice of not giving by courts, the free copy of judgment even when accused is sentenced to imprisonment, is going on in India. But human right activists can stop it forever if properly challenged in Supreme Court (through victims) in this Mumbai blast case and is supported by vigorous campaign in media.
One more issue is important in this Mumbai blast case. There has been a huge hue & cry in media about the sentences being unduly harsh in this Mumbai blast case in which more than 100 Muslims have been sentenced severely. This is being allegedly attributed to the fact that the guilty (as per Shrikrishna Commission report on 1992 – 93 Mumbai riots which triggered these Mumbai blast as a revenge) and who were mostly Hindus have not been tried. Therefore as the allegation goes, it was possible for the judiciary of communally biased Hindu majority Indian State to award severe punishment to Muslims.
In the same transaction of post Babri Masjid demolition, the judiciary in a legally objectionable manner did not listen and did not act on the laments of Mumbai blast case accused that Mumbai blast is a revenge of Mumbai riots whose guilty are free with impunity. Judiciary thus avoided putting itself in a situation where it had to pronounce the similarly harsh sentences to Hindus also.
But now this month, Maharashtra Government (in view of Supreme Court intervention and also under the pressure of Muslims after 100 Muslims were sentenced in Mumbai blast case while leaving guilty Hindus of Mumbai riots even untried) has constituted a special court to try the accused of Shrikrishna Commission.
Therefore it will be in the interest of all the sentenced Muslims in jail (who have not been provided the fee copy of the judgment in Mumbai blast case) to immediately move Supreme Court with following prayers: –
(1)- The sentence order / coming Judgments be declared invalid.
(2)- Another judge be asked to deliver fresh judgment / order in Mumbai Blast case trial Court.
(3)- Being the same transaction as a sequel to Babri Masjid demolition, the cases of Shrikrishna Commission be tried by the same judge who will try Mumbai blast cases which will avoid the possibility of harsher judgments to Muslims and milder judgments to Hindus
(With the result these sentenced Muslims of Mumbai blast cases are bound to get lot of relief in the form of much reduced sentences).
(4)- Other sentenced Muslims of Mumbai blast who got the free copies of sentence judgment may also, in appeal, at least take the legal advantage of the outcome of consolidated / simultaneous trial of Mumbai riots & Mumbai blast cases.
This will not only secure human rights of accused all over India (who are sentenced to imprisonment without giving them free copy of judgment) apart from giving relief to these sentenced Muslims in jail in Mumbai blast cases but will also strengthen the secular fabric of India which has already been damaged badly by communally biased Indian State, in this gory episode of Ram janmbhoomi – Babri Masjid dispute.
Law should punish the perpetrators of crime without communal discrimination. And Indian State should not forget that the surviving Muslim victims of 1992 – 93 Mumbai riots are as eagerly waiting for the justice to be delivered as the surviving Hindu victims of 1993 Mumbai blast.
Yours truly
Hem Raj Jain
208, Supriya, Plot # 20, Sector – 10, Dwarka,
New Delhi -110075, INDIA.
Ph: – +91 11 32940177, Mob: 09871194983