The Supreme Court ordered the release of a man sentenced to 20 years in jail for the rape of a minor girl in 2014 who he married
Key Points
- The bench, headed by Chief Justice of India DY Chandrachud, said it was invoking its powers under Article 142 given the peculiar circumstances of the case despite having twice upheld the conviction and sentence of the convict.
- The bench also ordered the convict to be released on sentence already undergone and waived the ₹2 lakh fine imposed on him by the trial court.
- Sankar relied on a decision passed by the Supreme Court in 2022 in K Dhandapani v State where the facts were similar and the top court had set aside the conviction to enable the accused and the victim to reside together.
- He argued that his incarceration had shattered his marital life, leaving his wife and their children destitute.
- Judgement was delivered in response to curative petition which is the last recourse open to a petitioner after the review petition is dismissed.
Article 142:
What is Article 142?
- Article 142 was adopted by the Constituent Assembly on 27 May, 1949.
- It deals with enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.
- Article 142 provides discretionary power to the Supreme Court as it states that the SC in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Significance of Article 142
- The Constituent Assembly emphasised the importance of including such an article in the Constitution.
- The writers of the Constitution believed that this provision was critical for individuals who are forced to suffer because of the legal system’s disadvantageous position in granting required remedies.
Notable Uses of Article 142
- Manohar Lal Sharma v. Principal Secretary: The Supreme Court can deal with exceptional circumstances interfering with the larger interest of the public in order to fabricate trust in the rule of law.
- Laxmi Devi v. Satya Narayan: Supreme Court had ordered the accused, under Article 142, to award compensation to the victim with whom he had sexual intercourse with a promise to marry and had later retracted his promise.
- Union Carbide Corporation v. Union of India: In Bhopal Gas Tragedy Case, the court ordered to award compensation to the victims and placed itself in a position above the Parliamentary laws.
- Siddiq v. Mahant Suresh Das: Popularly known as the Ayodhya dispute, the Supreme Court had exercised the powers mentioned under Article 142 of the Constitution.
Advantages of Article 142
- Whenever the executive or legislature fails to defend people’ rights and uphold constitutional ideals, the judiciary has used its powers under Article 142 to do so.
- As the constitutional protector, Article 142 gives it the capacity to fill statutory gaps.
- It also establishes a system of checks and balances for the government’s other branches.
Disadvantages of Article 142
- One of the drawbacks of the Supreme Court’s powers under Article 142 has been that, unlike the executive and legislature, it can’t be made accountable for its verdicts.
- The issue of judicial under-reach develops when courts, despite possessing jurisdiction, shirk their obligations, leading to injustice.
- Public faith in the government’s integrity, quality, and efficiency can be eroded by frequent court interference.
Conclusion:
The Supreme Court’s decision to invoke Article 142 in this case underscores the powerful discretionary powers granted to the judiciary to ensure justice in complex and unusual situations. While it offers a remedy in exceptional circumstances, the application of Article 142 also raises important questions about accountability and judicial overreach. This case highlights the delicate balance between the branches of government and the role of the judiciary in safeguarding individual rights and upholding the law.
By emphasizing Article 142, the Supreme Court reinforced its position as the ultimate arbiter of justice, demonstrating how constitutional provisions can be used to address pressing legal challenges and deliver outcomes that might otherwise be impossible within the confines of existing laws.
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