Chawla Rape and Murder - Status Update : Review Petition Dismissed- What Next..

Posted on 29 March, 2023 by Administrator

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New Delhi [India], Mar 29: Apex Court has ordered dismissal of the review petition against acquittal of the earlier convicted inidividuals on the grounds that it doesn't find any factual or legal basis.  Even though apparently one of the acquitted convict is reportedly committed another crime of murder post release.  The team of lawyers viz.,  Adv Sandeep Sharma, Adv Varun Singh, and Adv Rohit Dandriyal  representing the bereaved family in case RP (Crl) No 61/2023 are disappointed  and are contemplating a Curative Petition. The detail of the Order of Dismissal is herewith for the readers. 

We, as member of the Bar, honor the ruling of the court.  We shall use availlable legal recourses to seek justice. It is the nature of the process of administration of justice that there shall be one party pleased while other may not.  But few pertinent questions arise to my mind, that I feel duty bound to express. Hoping that these question will serve as food for thoughts :

1. Was there a death by murder of a innocent young girl returning home in the evening ?   

2.If Yes,.. does the system of our nation under its constitution guarantees justice to the bereaved family by due process of investigations ?

3.If there was flaw in investigation, was there any reprimand to the officer incharge of investigation ?

4.If the lower courts were found to have been wrong in judgement, what accountability has been levied ?  Should there be any judicial accountability ?

5.Above all, Who and What is to be conveyed to the breaved family !!!  That no justice for the murder of their daughter ?   

Anyways, Questions are always there, will allways be there.  A glaring example of inability to deliver the constitutional gurantee of justice to the family is on the face of us all.  And above all, potential opening of flood gate to acquit criminals involved in heinous crime of Rape and Murder of a young girl returning home in the evening  on account of “Benefit of Doubt” by Apex Court on account of inadmissibility of certain key evidences which were earlier adjudicated as admissible by the competent judicial forums.

This matter is not just about  relief to the aggrieved family of the victim but also our Society at large and it has potential of opening the flood gate of disaster. Adv V K Singh, one of the members of the legal fraternity representing the family of victim has stated that "Extremely disappointed, criminals feel motivated by benefitting from technicalities of law , we will file curative petition". Earlier in one such interview,  Adv Amogh Mund had stated that “Such judgements may become a Landmark in acquittal of accused of such heinous crime and further encourage introduction of trivial technical flaws in investigation along side encouraging such hardened criminal to commit murder after having committed crime in order to benefit from this olive branch.”  However, this effort for the greater good of society at large is going to be a long march towards a deserted future for civilized society unless each of the Citizens come forward and register their voices, emotions and anquish.

References:

1.  Supreme Court Order