Karnataka HC grants parole to convict in church blast case
Bengaluru (PTI): A convict serving life imprisonment in the church blast case has been granted parole by the High Court of Karnataka for two weeks.
The detenue, Mohammed Akhil, is one of the convicts in the July 2000 church blast case in Bengaluru. Twenty four accused belonging to the Deendar Anjuman sect were found guilty of the blasts that were triggered in Karnataka, Andhra Pradesh and Goa. Akhil was one of the 13 handed a life sentence.
Mubeen Unnissa Begum, wife of Akhil, had filed the petition, which was heard by Justice M Nagaprasanna.
"The convict, as of today, has undergone 23 years of imprisonment without remission and has not been granted parole throughout 23 years. The wife of the convict is now before this court seeking enlargement of her husband on parole on the score that she is suffering from ailments and, therefore, pleads that the presence of her husband is very much required in the family as other family members are also aged and suffering from ailments," the court noted in its recent judgement.
The counsel for the petitioner argued that in July 2023 another convict in the case was granted parole by a co-ordinate bench because the convict's mother was suffering from ailments.
The co-ordinate bench had based its judgement on a 1974 case where it was held that "the court should treat the like-cases alike and if relief is granted to a litigant it needs to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances."
The high court therefore allowed Akhil to be released on parole for two weeks between December 7 and evening of December 20, 2023.
It also directed the Chief Superintendent of Central Prison and the Director General of Police, Prisons and Correctional Services, to "stipulate strict conditions as are usually stipulated, to ensure return of the detenu to the gaol and that he shall not commit any other offence during the period of parole."
Mubeen Unnissa Begum had sought 90 days parole for her husband. The court said the wife of the petitioner can seek extension of the parole "which shall be considered looking at the conduct of the husband of the petitioner - the convict while he is out on parole."
Akhil was convicted for offences under Sections 120B, 121, 121A, 124A, 153A, 426, 437 of the Indian Penal Code for sedition and Sections 3 and 5 of the Explosives Substances Act and Rule 5 and 9B of the Explosive Rules.
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
