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.
This comes just days after the COP26 climate summit, where India pledged to cut emissions to net zero by 2070, reduce carbon emissions by one billion tonnes by 2030, and raise the share of renewables in the energy mix to 50 per cent, among others, before staging a last-minute climbdown opposing a commitment to "phase out" coal.
The Supreme Court on Wednesday appointed Justice Rakesh Kumar Jain, a former judge of Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe and to ensure fairness and independence in the investigation.
The Supreme Court on Tuesday junked petitions against the Punjab and Haryana High Court order, which upheld the appointment of Dinkar Gupta as Punjab Director General of Police.
Punjab has always stood against external intrusions and hence must be considered as a security case, not just as an economic case at the time of budgetary allocation, state Finance Minister Manpreet Singh Badal said here on Tuesday. Badal made the demand during a virtual discussion with Union Finance Minister Nirmala Sitharaman on stepping up investment, infrastructure and growth in the country.
After a lacklustre outing in the 2017 Assembly polls, Kejriwal's AAP has rejuvenated its efforts to make a political dent in Goa for the upcoming 2022 state Assembly polls.
Addressing the gathering during a function to mark the death anniversary of former Punjab minister and Congress leader Santokh Singh Randhawa here, the Chief Minister thanked Prime Minister Narendra Modi and Union Home Minister Amit Shah for re-opening the Kartarpur corridor ahead of Prakash Purb of Guru Nanak Dev.
