• Associate Sponsor

Pune techie murder- Courts can’t make communally biased observations: Supreme Court

The apex court further said "the fact that the deceased belonged to a certain community cannot be a justification for any assault, much less a murder".

By: PTI | New Delhi | Published: February 15, 2018 6:52 pm
supreme court, pune techie murder, bombay high court, india news, hindu rashtra sena, muslim techie murder, supreme court judgements, 2014 pune techie murder, mohsin shaikh The top court set aside the order of Bombay High Court of January 12, 2017, by which it had granted bail to all the three accused in the case.

The Supreme Court has criticised a Bombay High Court order granting bail to three accused in a 2014 sensational murder case of Pune-based techie Shaikh Mohsin and said a court cannot make observations which may appear to be “coloured with a bias for or against a community”. The top court set aside the order of Bombay High Court of January 12, 2017, by which it had granted bail to all the three accused in the case.

A bench of Justices S A Bobde and L Nageswara Rao set aside the high court’s decision to grant bail to the accused who were allegedly members of right wing outfit Hindu Rashtra Sena, saying it was difficult to understand why the high court said that “the fault of the deceased was only that he belonged to another religion”.

We have no doubt that a Court, fully conscious of the plural composition of the country, while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” the bench was quoted as saying by PTI on Thursday.

Critical of the views expressed by the high court, the top court said, “It is possible that the Judge wanted to rule out a personal motive against the victim, but only emphasised communal hatred. It is also possible that the single judge may not have intended to hurt the feelings of any particular community or support the feelings of another community but the words are clearly vulnerable to such criticism. The direction cannot be sustained.”

The apex court further said “the fact that the deceased belonged to a certain community cannot be a justification for any assault, much less a murder”.

The high court had in the bail order observed that the fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. Moreover, the applicants/accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.” The apex court said the single judge of the high court may not have intended to hurt the feelings of any community but the words were clearly vulnerable to such criticism.

It allowed the appeal of the brother of the deceased and directed the accused to be taken into custody and their bail application to be heard afresh by the high court. The top court said the bail applications of the accused should be decided by the high court within six weeks. Mohsin was assaulted and killed by a group of around 25 people for allegedly sporting a beard and wearing a pastel green-coloured shirt while he was on his way with his friend to have dinner.

The accused were alleged to be highly motivatedafter attending a meeting of Hindu Rashtra Sena, half an hour before the incident and ended up assaulting the victim. The sessions court had rejected bail to the accused saying the deceased was assaulted because he looked like a Muslim and that the deceased prima facie had no concern with disgracing Shivaji Maharaj.”

For all the latest Delhi News, download Indian Express App

  1. Sunder Sunder
    Feb 15, 2018 at 7:52 pm
    Some of our judges have problems with nuances of English language as well as of logical expression, which occurs to the detriment of justice. The worst, going beyond these issues, was the infamous judgement of Justice Sathasivam (subsequently appointed Governor of Kerala by Modi Govt.) "Though Graham Staines and his two minor sons were burnt to death while they were asleep inside a station wagon at Manoharpur, the intention was to teach a lesson to Graham Staines about his ...religious activities, namely, converting poor tribals to Christianity. All these aspects have been correctly appreciated by the [Orissa] High Court and [it] modified the sentence of death into life imprisonment with which we concur.” Some ungracious changes in the order after much criticism by the public did nothing to alter the perception of bias in the judgement
    (1)(0)
    Reply
    1. Honey Singh
      Feb 15, 2018 at 7:16 pm
      bhooos hain yeh mathu , shivaji shivaji karte rahenge bas , shivaji wahi tha jo peeche se waar karta tha , yeh hote hai hi jhund ki suvar hai marathi ,peeta tha na Raj thackrey ke admiyo ko waise hi pitoge , gandhiji ko mara marathi ne , maelgaon ke atankwadi marathi , RSS ke atankwadi marathi , yeh desh ko jala denge
      (12)(1)
      Reply
      1. Kim Sharma
        Feb 15, 2018 at 7:18 pm
        There was no doubt Gujarati barons funded Bada Modi's 2014 campaign. It was to be expected they would seek their pound of flesh. No wonder, Chotta Modi was indeed helped or alerted at the right times by top leadership in BJP and the cur central government.Jeweller Nirav stole bank money mostly in 2017-- this makes crystal clear the quid pro quo. It is well known, Gujarati businessmen preferred to fund BJP, not Congress as the latter's pro-poor policies offended them. In Modi they found their support. More skeletons would tumble out of the Modi cupboard not just on diverting bank funds, but even on grisly crimes of party bigwigs that have been covered up so far with the help of police and Judiciary.
        (8)(2)
        Reply