Goswami, G.K. and Goswami, Aditi

Shattering the judicial glas celling Om Prakash v. Union of India revisited - Journal of the Indian Law Institute - 67(1), Jan-Mar, 2025: p.49-56

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


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