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"I Admire Ability To Fast For Whole Day Without Even Drop Of Water": Justice Chandrachud To Lawyer Who Sought Listing Of Case After Ramadan

Mehal Jain
17 April 2021 4:17 AM GMT
I Admire Ability To Fast For Whole Day Without Even Drop Of Water: Justice Chandrachud To Lawyer Who Sought Listing Of Case After Ramadan
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"I admire the ability to fast for whole days without even a drop of water", Justice D. Y. Chandrachud told an advocate on Friday.

The bench of Justices Chandrachud and M. R. Shah was hearing an SLP arising out of a November 29, 2019 judgment of the Allahabad High Court confirming the conviction of the petitioner for murder and the sentence of life imprisonment.
The counsel sought time to file some documents and prayed that the matter be listed after the holy month of Ramadan- "Ramzan is going on. The COVID crisis is also going on. Could Your Lordships please list this matter after Ramzan? It becomes problematic... I have been waiting entire day (for the matter to reach)"
At this, Justice Chandrachud said, "I am sorry. You should have mentioned this in the morning and we could have adjourned the matter. Please go and relax. I admire the ability to fast for whole days without even a drop of water"

"The bench allowed the request of the petitioner's counsel to inspect and take copy of the juvenility report and also permitted him to file an affidavit in response to the report. The bench directed that this exercise be carried out within three weeks and listed the SLP on 10 May 2021"

The petitioner has raised a plea of juvenility. It has been urged that the date of birth of the petitioner is 1 August 1989. This plea is based on the High School examination certificate purportedly issued by the Education Board in Uttar Pradesh. The petitioner has also relied on a school leaving certificate.The plea of juvenility is raised for the first time, before the Supreme Court.
Having regard to the plea of juvenility, in November, 2020, the apex court had directed an enquiry to be conducted by a judicial officer of the rank of Additional Sessions Judge at Saharanpur. The Sessions Judge, Saharanpur was required to nominate an officer of the rank of Additional Sessions Judge to conduct the enquiry.
The matter was listed on Friday as the requisite compliance report regarding juvenility of the Petitioner has come to be forwarded by the ASJ, Saharanpur.
Incidentally, the bench described the ASJ's report on juvenility as "model", remarking that it displayed an application of mind and was very well written. While Justice Shah suggested that it be circulated to judicial academies, Justice Chandrachud also expressed that the Supreme Court's appreciation be recorded in the said judicial officer's ACR.


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