Justice Chandrachud praises Lawyer Who Sought Listing of Case after Ramadan


Justice Chandrachud praises Lawyer Who Sought Listing of Case after Ramadan

OVERVIEW

While hearing the Special Leave Petition (SLP) filed against a judgement dated 29th of November, 2019, a bench of Justice DY Chandrachud and Justice MR Shah listed the matter to be next heard on the 10th of May, 2021. Such postponement was to the effect of considering that the month of fasting, Ramadan, is being observed by the people belonging to Muslim faith and it is really difficult to observe such strict fasting amidst performing workplace obligations. 

Justice Dhananjaya Yeshwant Chandrachud in a praiseworthy context, told the advocate, "I admire the ability to fast for whole days without even a drop of water", and thus adjourned the hearing.

The matter for consideration in this hearing was a challenge to the order of the High Court which had convicted the petitioner for murder and sentenced him to imprisonment for life.

BACKGROUND

In the instant case being heard by the Supreme Court, which was in challenge of the order of the High Court of Allahabad which had convicted an accused for committing the offence of murder. 

The petitioner had appealed against the order of the Allahabad High Court on the grounds of juvenility.

The argument on the lines of the juvenility at the time of commission of offence had come up for consideration in the Supreme Court for the first time during the entirety of the proceeding.

The records which formed the basis of the argument that the date of birth of the petitioner was the 1st of August, 1989, were the School leaving certificate and the Certificate of the High School Examinations awarded to him by the Education Board of Uttar Pradesh.

FURTHER DETAILS

The Apex Court had directed for an enquiry to be conducted by a judicial officer of the rank of Additional Sessions Judge to better acquaint the Court with the authenticity of the claim of juvenility.

The report produced by the Additional Sessions Judge in this regard was met with high praises by the bench of Justices DY Chandrachud and M.R. Shah and was regarded as ‘model.’

The counsel for the petitioner, requested the Apex Court to provide with some time in order to file the requisite documents and appealed to the Court, “Ramzan is going on. The COVID crisis is also going on. Could Your Lordships please list this matter after Ramzan? It becomes problematic.”

CONCLUSION

Justice DY Chandrachud apologised in reply to the appeal and said had he been made aware of the fasting and the problems faced by the advocate due to the holy month and said, “I am sorry, if you had already told us, we could have adjourned the case.” 

He further said, “You please go and relax. I admire the ability to fast for the whole day without drinking even a single drop of water.” 

The matter was thereby adjourned by the Court and listed to be heard on the 10th of May, 2021. Thus, the Court granted a time of three weeks to the petitioner’s counsel to file a response to the report of juvenility filed by such Additional Sessions Judge of Saharanpur, and the petitioners were allowed to take a copy of such report to inspect and possess and reply thereto.

WHAT IS YOUR OPINION ON THE STRICT FASTING OBSSERVED BY THE INDIVIDUALS OF MUSLIM FAITH DURING THE MONTH OF RAMZAN? DO YOU THINK IT IS PRAISEWORHTY? DO LET US KNOW IN THE COMMENTS BELOW!
 

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