SC reserves verdict on plea for enhancing Sidhu's sentence in 1988 road rage case
Darpan News Desk IANS, 25 Mar, 2022 10:20 AM
New Delhi, March 25 (IANS) The Supreme Court on Friday reserved its verdict on a review petition seeking a direction to enhance the sentence of Congress' former Punjab unit chief Navjot Singh Sidhu in the 1988 road rage case, where he was let off with a mere Rs 1,000 fine.
Senior advocate A.M. Singhvi, representing Sidhu, submitted before a bench headed by Justice A.M. Khanwilkar that sentence was a discretion of court and no interference, could be done, except in cases of death penalty, given in rarest of the rare cases, and in the present case, there is no need to have a relook at the 2018 judgment.
"Appeal on adequacy of sentence should not be entertained. The state is not in appeal against the sentence and the victim cannot challenge the adequacy," he submitted.
He further added that there has been no allegation of lack of cooperation on the part of his client.
The bench, also comprising Justice Sanjay Kishan Kaul, noted that the issue before it is only whether despite the court having issued limited notice on point of sentence, the provision under which sentence has been imposed needs to be looked at.
"Whether the sentence which was restricted to fine needs to be enhanced with the actual sentence also?" it said.
Pointing to the 34-year-old incident, Singhvi said it is an extraordinary case which does not merit consideration.
The bench reserved the judgment after hearing detailed arguments in the matter. The plea was filed by the kin of the deceased, Gurnam Singh seeking a relook on the 2018 judgment.
Senior advocate Sidharth Luthra, representing the victim's family, submitted the death due to cardiac arrest is not correct, and a blow was delivered on the victim. Singhvi vehemently argued that it is extremely doubtful that an injury, caused by a fist blow, could have led to the death.
Luthra argued that the 2018 judgment failed to consider the previous decision in the case of Richhpal Singh Meena vs Ghasi (2014). He added that, in this case, the top court was of the view that when there is death of a human being, it may either be culpable homicide (amounting or not amounting to murder) or not culpable homicide.
He said offences affecting life are distinct from the offence of hurt, and added if hurt results in death, the offence would fall within the category of an offence affecting life.
The top courtAwas hearing a review petition against its 2018 verdict which reduced the sentence of Sidhu to a Rs 1,000 fine from 3-year imprisonment in a road rage incident in which a person died.
The Supreme Court on Friday directed the Registrar General of Punjab and Haryana High Court to secure and preserve all records in connection with Prime Minister Narendra Modi's visit to Punjab, and also asked the state and Central committees to refrain from conducting inquiries till Monday, when it will take up the matter again.
India on Friday revised the existing guidelines for all international arrivals in India in view of the rising Covid cases and the Omicron threat, to make seven days home quarantine mandatory. The new guidelines will be effective from January 11 till further notice.
On Wednesday, the Prime Minister's rally in Ferozepur had to be cancelled due to a security lapse after some protesters blocked a route and forced his convoy to spend about 20 minutes on a flyover. The Prime Minister was enroute the National Martyrs Memorial at Hussainiwala when the incident happened.
On Thursday, senior BJP leaders including chief ministers of the party ruled states offered prayers at temples across the country for the well-being and long life of Prime Minister Modi after his security was breached in Punjab on January 5.
Most of these farmers had earlier stated that they were present at the spot but were not involved in the attack. They were, at that time, charged under bailable sections such as 'rioting' and 'voluntarily causing hurt' and were let off by the SIT officials under Section 41 of the CrPC.
The Congress is witnessing internal bickering on the issue of security breach of the Prime Minister and Congress MP from Punjab Manish Tewari has termed the incidence as most unfortunate and said the matter should be probed by a sitting High Court Judge.
