SC rejects plea of Mumbai blast convict for 'leniency' under Juvenile Justice Act

A plea filed by a 1993 Mumbai blasts case convict, Muhammad Moin Faridullah, seeking leniency claiming he was  juvenile at the time of committing the offence has been rejected by the Supreme Court of India. The three-judge bench of Supreme Court dismissed the plea stating that a judgement which has been upheld by the Supreme court cannot be challenged with a petition under Article 32 of the Indian Constitution. Muhammad Moin Faridullah had filed a plea under the Juvenile Justice act seeking leniency as he was a minor (under the age of 18 years) at the time of the offence committed by him during the 1993 Mumbai blasts. 

"Remedy not available"

The three-judge bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee rejected the 1993 Mumbai blasts case convict's plea stating that the relief sought would require the Supreme Court to exercise its jurisdiction under Article 32 of the Constitution and overturn the sentence imposed on Muhammad Moin Faridullah by the Terrorist and Disruptive Activities (Prevention) Act (TADA) case by a designated court. The bench further added that the same cannot be done as the conviction and sentence have been upheld by the Supreme Court which means that it has attained finality. "On March 21, 2013, the appeal filed by the petitioner against his conviction was dismissed by this court. On the issue of juvenility, the court holds that TADA, being an act enacted for special purposes, will have precedence over any other legislation," said the three-Judge bench in the order that was passed on Friday. 

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"The remedy of a petition under Article 32 would thus not be available in the light of the above facts. The petition is hence dismissed on grounds of maintainability," added the bench.

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Article 32 of the Indian Constitution

Article 32 of the Indian Constitution is a fundamental right given to every citizen of the country that allows them to seek 'constitutional remedies'. This means that any person has the right to move the Supreme Court by 'appropriate proceedings for the enforcement of the rights conferred'. Under Article 32, the Supreme Court has the power to give suitable orders, directions or writs that may be appropriate for the enforcement of the rights of the citizen. 

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1993 Mumbai Blasts 

On March 12, 1993, a series of 13 bomb blasts took place across Mumbai in a single day. A total of 257 people were killed in these bomb blasts and about 1,400 were injured. As per reports, these blasts were coordinated by the underworld don and India's most wanted fugitive Dawood Ibrahim. It is believed that the leader of the Mumbai-based international organised crime syndicate D-Company, Dawood Ibrahim not only ordered but also aided in the organisation of the bombing across the city with the help of his subordinates Tiger Memon and Yakub Memon. While Yakub Memon was arrested and given a death sentence, Dawood Ibrahim and Tiger Memon were never caught, arrested or convicted. Yakub Memon was executed by the Maharashtra government in July 2015. 

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(With inputs from ANI)