In an unusual decision, the Supreme Court on Monday issued notice to its former judge Justice Markandey Katju for his personal appearance for saying that the apex court "grievously erred" by setting aside the death penalty of the convict in Kerala's Soumya rape-cum-murder case.
A three-judge bench presided over by Justice Ranjan Gogoi decided to convert Justice Katju's blog into a suo motu petition. "We issue notice to Justice Katju, former judge of this court, and request him to appear in court in person and participate in the proceedings on 11th November, 2016, at 2.00 pm as to whether the judgement and order dated 15th September, 2016, passed by this bench suffers from any fundamental flaw so as to require exercise of the review jurisdiction," the bench said.
Katju had on September 16 sought an open court review of the judgement, saying it was "regrettable that the court has not read Section 300 (murder) of the IPC carefully." "Such a view coming from a retired judge of this court needs to be treated with greatest of respect and consideration," the bench added.
The court passed its order while hearing review petitions filed by the Kerala government and victim's mother against its September 15 judgement.
The court had on September 15 sentenced Govindachamy to life imprisonment for rape. It had set aside the death penalty awarded to him in the 2011 case, in which a 23-year-old woman died after being sexually assaulted in Kerala.
The bench had said it has not been proved that Govindachamy threw the victim, Soumya, out of the moving train or inflicted fatal injuries during the sexual assault that led to her death.
A three-judge bench presided over by Justice Ranjan Gogoi decided to convert Justice Katju's blog into a suo motu petition. "We issue notice to Justice Katju, former judge of this court, and request him to appear in court in person and participate in the proceedings on 11th November, 2016, at 2.00 pm as to whether the judgement and order dated 15th September, 2016, passed by this bench suffers from any fundamental flaw so as to require exercise of the review jurisdiction," the bench said.
Katju had on September 16 sought an open court review of the judgement, saying it was "regrettable that the court has not read Section 300 (murder) of the IPC carefully." "Such a view coming from a retired judge of this court needs to be treated with greatest of respect and consideration," the bench added.
The court passed its order while hearing review petitions filed by the Kerala government and victim's mother against its September 15 judgement.
The court had on September 15 sentenced Govindachamy to life imprisonment for rape. It had set aside the death penalty awarded to him in the 2011 case, in which a 23-year-old woman died after being sexually assaulted in Kerala.
The bench had said it has not been proved that Govindachamy threw the victim, Soumya, out of the moving train or inflicted fatal injuries during the sexual assault that led to her death.
In an unusual decision, the Supreme Court on Monday issued notice to its former judge Justice Markandey Katju for his personal appearance for saying that the apex court "grievously erred” by setting aside the death penalty of the convict in Kerala’s Soumya rape-cum-murder case.
A three-judge bench presided over by Justice Ranjan Gogoi decided to convert Justice Katju’s blog into a suo motu petition. "We issue notice to Justice Katju, former judge of this court, and request him to appear in court in person and participate in the proceedings on 11th November, 2016, at 2.00 pm as to whether the judgement and order dated 15th September, 2016, passed by this bench suffers from any fundamental flaw so as to require exercise of the review jurisdiction,” the bench said.
Katju had on September 16 sought an open court review of the judgement, saying it was "regrettable that the court has not read Section 300 (murder) of the IPC carefully.” "Such a view coming from a retired judge of this court needs to be treated with greatest of respect and consideration,” the bench added.
The court passed its order while hearing review petitions filed by the Kerala government and victim’s mother against its September 15 judgement.
The court had on September 15 sentenced Govindachamy to life imprisonment for rape. It had set aside the death penalty awarded to him in the 2011 case, in which a 23-year-old woman died after being sexually assaulted in Kerala.
The bench had said it has not been proved that Govindachamy threw the victim, Soumya, out of the moving train or inflicted fatal injuries during the sexual assault that led to her death.
A three-judge bench presided over by Justice Ranjan Gogoi decided to convert Justice Katju’s blog into a suo motu petition. "We issue notice to Justice Katju, former judge of this court, and request him to appear in court in person and participate in the proceedings on 11th November, 2016, at 2.00 pm as to whether the judgement and order dated 15th September, 2016, passed by this bench suffers from any fundamental flaw so as to require exercise of the review jurisdiction,” the bench said.
Katju had on September 16 sought an open court review of the judgement, saying it was "regrettable that the court has not read Section 300 (murder) of the IPC carefully.” "Such a view coming from a retired judge of this court needs to be treated with greatest of respect and consideration,” the bench added.
The court passed its order while hearing review petitions filed by the Kerala government and victim’s mother against its September 15 judgement.
The court had on September 15 sentenced Govindachamy to life imprisonment for rape. It had set aside the death penalty awarded to him in the 2011 case, in which a 23-year-old woman died after being sexually assaulted in Kerala.
The bench had said it has not been proved that Govindachamy threw the victim, Soumya, out of the moving train or inflicted fatal injuries during the sexual assault that led to her death.