Supreme Court Adjourns Hearing Of Review Petition Against Reduction Of Navjot Singh Siddhu's Sentence

On February 25, 2022, the Top Court had asked asked Navjot Singh Sidhu to file reply on the miscellaneous application seeking punishing Sidhu for the offence of murder instead of causing hurt under section 323 IPC for which he was convicted.

Senior Advocate Siddharth Luthra appearing for the petitioner had earlier submitted before the Top Court that the petitioners had submitted an application seeking enlargement of the scope of notice. In this regard, he referred to the Top Court's judgment in Brij Pal Singh Meena to submit that a person who causes death ought not to be punished in the category of hurt. He further argued that there was error apparent on the face of record in the judgment against which review has been sought. Referring to the May 15, 2018 verdict.

Objecting to the application seeking enlargement of the scope, Senior Advocate P Chidambaram appearing for Sidhu submitted that, 2 Learned Judges after analyzing the evidence had concluded that its not the case where Sidhu had caused the deceased's death.

Seeking time to file an affidavit in this regard, Senior Advocate P Chidambaram said, "It would not bring justice if the entire matter is heard again. We just got the application yesterday. Whether the judgment in Brij pal Singh Meena will apply in this case & whether 323 is correct or not? That's what your lordship wants me to address on. I will address."

The bench thereafter granted 2 weeks time to Navjot Singh Sidhu to file response to the application, directed for listing the matter after 2 weeks.

Stating that he has had "an impeccable political and sporting career in the last three decades", Navjot Singh Sidhu by way of an affidavit has urged the Supreme Court to not punish him any further in the 33 years old road rage case.

"More than three decades have passed since the date of the incident. This Hon'ble Court in numerous cases considered fine as an adequate punishment if there has been a long passage of time from the date of offense. It is also relevant to point out that the answering respondent has had an impeccable political and sporting career in the last three decades. The respondent faced trial between 1994 and 1999 and abided by all the directions of the trial court and was eventually acquitted," affidavit states.

It has also been stated in the affidavit that Sidhu while having undergone a sentence of 1 day has always abided by the directions of the Court below and the Top Court.

Background

On May 15, 2018 the Supreme Court bench of Justices J Chelameswar and Sanjay Kishan Kaul had acquitted Sidhu from the charge of Culpable Homicide not amounting to murder (U/S304) in the 1998 road rage Case. The acquittal was granted in the appeal filed by Sidhu against a December 2006 Punjab and Haryana High Court verdict conviction and sentencing him to three years in jail in a road rage case.

But the Bench found him guilty for S.323 IPC (voluntarily causing hurt) and sentenced him with a fine of Rs. 1000 only. His co-accused Rupinder Singh Sandhu was acquitted of all the charges.

Case Tile: Jaswinder Singh (Dead) through Legal Representative v. Navjot Singh Sidhu and Ors| RP (Crl) 477 of 2018

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