Justice Markandey Katju Invited to Supreme Court
IN what is perhaps a historic decision, the Supreme Court yesterday requested former SC Judge, Justice Markandeya Katju to appear in person to participate in a hearing. The Supreme Court in its order yesterday observed,
A Former Judge of this Court Justice Markandey Katju in a blog published on Facebook has expressed an opinion that the judgment and order dated 15th September, 2016 passed by this Bench in Criminal Appeal No.1584-1585 of 2014 needs to be reviewed in an open Court hearing. Such a view coming from a retired Judge of this Court needs to be treated with greatest of respect and consideration. We, therefore, reproduce herein below the blog published by Justice Katju in Facebook and convert the same into a suo motu review petition.
"Markandey Katju September 16 at 11:41 a.m. The Malayalam T.V. channel Asianet just now took my interview on the Soumya murder case. I said that the Supreme Court has grievously erred in law by not holding Govindachamy guilty of murder. The Court held that since it has not been proved that the accused had intention to kill he cannot be held guilty of murder. What the Court has overlooked is that section 300 IPC, which defines murder, has 4 parts, and only the first part requires intention to kill. If any of the other 3 parts are established, it will be murder even if there was no intention to kill. It is regrettable that the Court has not read section 300 carefully. The judgment needs to be reviewed in an open court hearing."
Office to register a suo motu review petition. We issue notice to Justice Markandey 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 p.m. as to whether the judgment and order dated 15th September, 2016 passed by this Bench in Criminal Appeal No.1584-1585 of 2014 suffers from any fundamental flaw so as to require exercise of the review jurisdiction.