Man gets justice after 25 years; SC says injustice inflicted on him by courts at every stage-OxBig News Network

Having spent 25 years in jail in a murder case, an Uttarakhand man finally got justice on Wednesday from the Supreme Court which freed him after it found that he was a juvenile at the time of the crime in 1994.

“At every stage, injustice has been inflicted by the courts, either by ignoring the documents or by casting a furtive glance,” a Bench of Justice MM Sundresh and Justice Aravind Kumar said, setting free Om Prakash. “The appellant shall be released forthwith, if not required in any other case,” it said.

Interestingly, Prakash got justice in the second round of litigation. In the first round, he was convicted by the trial court and awarded the death penalty, rejecting his plea of juvenility on the grounds that he had a bank account. The order was upheld by the high court and the Supreme Court also dismissed his appeal, review petition and curative petition.

However, on a mercy petition filed by him, the President commuted his death sentence to life imprisonment in 2012 with the condition that he should not be released until he attained the age of 60.

However, Prakash didn’t lose hope. He got an ossification test done on him and a medical certificate was issued to him that he was 14 at the time of the crime. He also obtained information under the RTI Act that it was permissible for a minor to open a bank account.

On the basis of these documents, he again moved the Uttarakhand High Court in 2019 challenging the President’s decision rejecting his mercy petition. He approached the Supreme Court after the high court dismissed his petition.

“We would only state that this is a case where the appellant has been suffering due to the error committed by the courts. We have been informed that his conduct in the prison is normal, with no adverse report. He lost an opportunity to reintegrate into society. The time which he has lost, for no fault of his, can never be restored,” the top court said, allowing his appeal.

While maintaining his conviction, the top court said, “We are inclined to set aside the sentence imposed in excess of the upper limit prescribed under the relevant (Juvenile Justice) Act.”

It appreciated the fact that despite being illiterate, Prakash kept on raising the plea of juvenility right from the trial court up to the conclusion of the curative petition before the top court.

The Bench clarified that it was not a review of the Presidential Order but a case of giving benefit of provisions of the Juvenile Justice Act to a deserving person.

“From the custody certificate filed on record, it appears that the appellant has undergone imprisonment for almost 25 years, during which time, society has undergone significant transformation which the appellant might be unaware of and find difficult to adjust with,” it noted.

The top court directed the Uttarakhand State Legal Services Authority to play a proactive role in identifying any welfare scheme of the State/Central Government, facilitating his rehabilitation and smooth reintegration into society upon his release, with particular emphasis on his right to livelihood, shelter and sustenance guaranteed under Article 21 of the Constitution.

“We further direct the State (Legal Services) Authority to assist him in availing any such scheme under which he is found eligible and wishes to avail, and such assistance may be effected through the District Legal Services Authority concerned, if the State Authority finds the same expedient and necessary,” the Bench said, directing its Registry to forthwith communicate the order to the State Legal Services Authority.