Shattering the judicial glas celling Om Prakash v. Union of India revisited
By: Goswami, G.K. and Goswami, Aditi
.
Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 67(1), Jan-Mar, 2025: p.49-56.
In:
Journal of the Indian Law InstituteSummary: The courts are the custodian of law to ensure justice at any cost as reflected in the Om Prakash case. The Supreme Court of India in this landmark judgment has interpreted the doctrine of finality to permit retrospective recognition of juvenility, thereby relieving a death-row convict after nearly 25 years of incarceration, despite upholding him guilty. The apex court has scrupulously examined the judicial history, where repeated claims of juvenility of the accused was consistently declined by the trial and appellate courts, therefore, he suffered from denial of relief even after a presidential commutation. This revolutionary judicial vision underpins an evolving jurisprudence of curative and clemency remedies by embracing a progressive rightbased and rehabilitative approach especially for marginalized convicts. This inimitable judicial trend set a precedence not only in India, but must be a torch bearer for global adversarial jurisprudence for handling wrongful convictions and addressing innocence claims. –Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48450/1/05_Shattering%20the%20Judicial%20Glass%20Ceiling%20Om%20Prakash%20v.%20Union%20of%20India%20Revisited.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
Articles
|
Indian Institute of Public Administration | 67(1), Jan-Mar, 2025: p.49-56 | Available | AR138409 |
The courts are the custodian of law to ensure justice at any cost as reflected in the Om Prakash case. The Supreme Court of India in this landmark judgment has interpreted the doctrine of finality to permit retrospective recognition of juvenility, thereby relieving a death-row convict after nearly 25 years of incarceration, despite upholding him guilty. The apex court has scrupulously examined the judicial history, where repeated claims of juvenility of the accused was consistently declined by the trial and appellate courts, therefore, he suffered from denial of relief even after a presidential commutation. This revolutionary judicial vision underpins an evolving jurisprudence of curative and clemency remedies by embracing a progressive rightbased and rehabilitative approach especially for marginalized convicts. This inimitable judicial trend set a precedence not only in India, but must be a torch bearer for global adversarial jurisprudence for handling wrongful convictions and addressing innocence claims. –Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48450/1/05_Shattering%20the%20Judicial%20Glass%20Ceiling%20Om%20Prakash%20v.%20Union%20of%20India%20Revisited.pdf
There are no comments for this item.