To err is human.Here is real story of the Apex Court. A sessions Court from Shivpuri [M.P] convicted 8 accused persons for murder. On appeal by the accused persons all were acquitted of the charge of murder. The state government filed an appeal against 4 of them but the Supreme Court sentenced all the accused persons for 6 years. In fact only Sughar singh, Laxman, Omkar and Ramesh were convicted but inadvertently the remaining 4 accused against whom there was no appeal were also sentenced and were sent to jail in the month of November 2008. The mistake was brought to the notice of the Supreme Court and the 4 accused persons namely Bhoja, Puran, Raghubir, and Balbir were ordered to be released on Wednesday the 21st April 2010. It was certainly wrongful detention by the court and the Court should pay compensation for such wrongful detention from its budgetary amount and the government should not be taxed.
To this extent there is no problem. But what happens is when a subordinate court commits such mistake the services of the presiding judge are either terminated/dismissed or is departmentally punished for negligence and lapses. Why it is so? To err is human and a judge is not exception. This is amply proved by the present recalling the mistaken order passed by the Supreme Court. If it can be bonafide mistake on the part of the Supreme Court why such mistake cannot be said to be bonafide of the subordinate court. Remember that the subordinate judges also do not join services doles vita that is for pleasure and luxury. They have megre means of livelihood.
The whole text of the news from Times of India is as under: -
SC corrects its two earlier orders, frees 4
PTI, Apr 23, 2010, 02.24am IST
NEW DELHI: In a relief to four persons from Madhya Pradesh who were in wrongful detention in connection with a murder case, the Supreme Court directed their acquittal in the case after correcting its two earlier orders. The apex court had in November 2008, committed the mistake for which four persons were sent to jail without being heard. While recalling this order on a petition in March this year, it committed the error by releasing other four co-accused who were convicted after a detailed hearing.
When on Tuesday, the error was brought to the notice of the apex court, it had decided to examine the matter in May. However, it advanced the hearing and a four-judge bench headed by CJI K G Balakrishnan late Wednesday evening ordered the release of the four accused persons. The court ordered the release of Bhoja, Puran, Raghubir and Balbir, who had drawn the attention to the mistake.
A Shivpuri sessions judge had awarded life sentence to eight persons in a murder case. Madhya Pradesh HC had set aside the trial court verdict and acquitted all of them. On an appeal filed by the state government, the apex court only dealt with four accused persons — Sughar Singh, Laxman, Onkar and Ramesh and reversed their acquittal into six years’ sentence. The other four — Bhoja, Puran, Raghubir and Balbir, who were not made a party were also held guilty.
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P V namjoshi Ujjain. 23/04/2010 at 05:11 am.
Had this mistake been committed by lower court what would have been the fate of the presiding judge? Remember to err is human.
