38.6c New Delhi, India, Thursday, May 23, 2024
Judiciary

SC issues notice on Assam govt plea against HC order acquitting accused in 2004 Dhemaji bomb blast case

By LAWSTREET NEWS NETWORK      13 January, 2024 06:31 PM      0 Comments
SC issues notice on Assam govt plea against HC order acquitting accused in 2004 Dhemaji bomb blast case

NEW DELHI: The Supreme Court has decided to examine a plea by the Assam government, questioning validity of the Gauhati High Court's order which acquitted the accused in the case of August 15, 2004 Dhemaji district bomb blast case, that claimed lives of 10 children and three women.

A bench of Justices J K Maheshwari and Sudhanshu Dhulia issued notice on an appeal filed by the Assam government.

Assam's Additional Advocate General Nalin Kohli, along with advocates Ankit Roy, Nimisha Menon and Shruti Agarwal appeared for the state.

The court issued notice to the five accused, alleged members of ULFA, on the plea.

The high court on August 24, 2023, had set aside the trial court’s judgment of July 4, 2019 which had convicted five accused including ULFA members, and held them responsible for the incident.

The Assam government contended that the high court erroneously reversed the conviction of the respondents namely, Dipanjali Borgohain, Lila Gogoi, Jatin Dowari and Muhi Handique under Section 302 and Section 323 r/w Section 120B of the Indian Penal Code, 1860, Section 3(a) and 4(b) (i) of the Explosive Substances Act r/w Section 120-B IPC and Section 10(b)(i) and Section 13(1) (a) of the Unlawful Activities (Prevention) Act, 1967 (UAPA ) and another respondent, Hemen Gogoi under Section 10(a)(iv) and Section 13(2) of the UAPA.

“The High Court has erroneously reversed the conviction of the accused by rejecting the confessional statement of Jatin Dowari on the ground that the same was retracted, despite such retraction being after an inordinate delay of ten years,” the state government’s plea stated.

It also contended that the high court erred in discarding the confessional statement of Jatin Dowari on the basis that the statement was retracted subsequently.

“In this regard it is stated that the High Court erred in not considering that the confessional statement was recorded on October 12, 2004. Jatin Dowari retracted from his statement on February 26, 2019, after a prolonged delay of 15 years and therefore, was clearly an afterthought and ingenuine. As such, the said retraction was inconsequential to the credibility of the said confessional statement”, said the plea.

“This Court in Sanjay Dutt Vs State of Maharashtra, (2013) has held that due regard has to be given to the time gap between the confessional statement and the retraction. In case of prolonged delay, the same would amount to an afterthought and therefore such retraction would be immaterial," the plea said.

It also contended that the high court judgment incorrectly recorded that the confessional statement does not incriminate Jatin Dowari in any manner.

“A bare perusal of the said statement makes it clear that Jatin Dowari in criminal conspiracy acted and abetted the other Respondents in the planting of the bomb,” it claimed.

The plea also said the High Court did not take into account this crucial fact that two prosecution sanctions were duly submitted along with the charge-sheet and that no objection was raised by the accused respondents during the course of the trial and therefore any objection so raised at the appellate 
stage would be immaterial.

The bomb blast was triggered on August 15, 2004, during the Independence Day event at the Dhemaji college playground.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
singapore-airlines-flight-sq321-from-london-to-singapore-drops-6000-ft-within-minutes-1-dead-several-injured
Trending Business
Singapore Airlines flight SQ321 from London to Singapore drops 6000 ft within minutes, 1 dead, several injured

Singapore Airlines flight SQ321 from London to Singapore suffers 1 fatality after air dropping 6000 ft due to severe turbulence.

22 May, 2024 11:53 AM

TOP STORIES

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email