LI NETWORK
Supreme Court bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee has dismissed a petition filed by 1993 Mumbai blasts convict Muhammad Moin Faridulla.
Accused filed petition under Article 32 of the Constitution seeking leniency under the Juvenile Justice Act. Accused claimed in his petition that he was juvenile at the time of the 1993 Mumbai blasts.
Supreme Court dismissed the Plea and stated that that the judgment which has attained finality cannot be challenged with a petition filed under Article 32 of the Constitution.
Supreme Court rejecting the Plea added that the relief sought in the plea would essentially require the court, in the exercise of its jurisdiction under Article 32, to overturn the sentence imposed on him in the Terrorist and Disruptive Activities (Prevention) Act (TADA) case by a designated court, when the conviction and sentence have been upheld by this court.
Supreme Court bench said, “The remedy of a petition under Article 32 would thus not be available in the light of the above facts. The petition is hence dismissed on grounds of maintainability,”.
Dismissing the petition Bench said, Article 32 can be invoked only in the circumstances when fundamental right of any citizen get infringe.
Supreme Court added, citizen to the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
Pic Credit – bbc.com