No mercy in caste killing case: Supreme Court - Instablogs
No mercy in caste killing case: Supreme Court
Pratyush , New Delhi: Oct 10 2007
Made Popular Oct 10 2007
India :

No mercy in caste killing case: Supreme Court

In a landmark decision, the Supreme Court has passed the order to all trial courts and High Courts not to show any mercy to the accused of killing people in caste conflicts. The apex court has asked the trial courts and High Courts not to be lenient while awarding punishment in such murder cases.

The Supreme Court bench comprising Bench of Justices S.B. Sinha and Justice H.S. Bedi said the apex court has noticed that the judges in High Court and trial courts tended to be exceedingly unforgiving while hearing the murder cases committed because of religious conflicts. At the same time, they became more traditionalists and repentant while dealing cases related to murder happened because of caste conflicts.

The apex court bench further asked that has this kind of liberal approach resulted in the creation of the casteless society? Has it started even a noticeable movement in that direction? the bench said: Everyone knows the answer that is emphatic ‘no’.

The functioning of increasing caste-based organizations, controlled by self-appointed commissars, who have arrogated to themselves the right to be the sole arbiters and defenders of their castes with the license to kill, has led society to the non-idyllic situation that we did not ever perceived.

The Bench delivered this judgment while dealing with a batch of appeals filed by six persons accused in a murder case related to caste conflict. A trial court in Maharashtra had awarded death sentence to Bhagwansingh Randhava and three others and life imprisonment to Mayakaur Sardar and Nirmalkaur Sardar. All the accused were charged with murdering a four people of a family in June 1999 to justify the caste honour.

Later, when they filed applications in the Bombay High Court against the sentences, the HC awarded life imprisonment to all the six accused in the case. The Supreme Court bench further said that the effectiveness of the death penalty has become a matter of great debate in legal circles and even in civil society. When the judges apply the law, they should know the needs of society and the damage also.

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