Tag Archives: Punjab and Haryana High court

Life convict seeks conjugal rights in jail

In a plea before the Punjab and Haryana High Court, a woman serving a life sentence has requested that she be granted conjugal rights with her husband, who is on death roll, within the prison so that she could bear a child. The couple, convicted in the abduction and murder of a 16-year-old-boy, has stated that the accused (husband) is the only son of his parents and they wish to have a heir to the family.

Jasvir Singh and Sonia, within eight months of their marriage, kidnapped the boy and killed him in Hoshiarpur, Punjab. Lodged separately in the Central Jail, Patiala, the two were first awarded death penalty by the trial court under Section 364 A, 201, 120-B of the India Penal Code, which was confirmed by the Punjab and Haryana High Court here. Singh was given the death sentence while Sonia received a life term for the crime.

Plea challenged

While the couple now want a common cell so that they can have a child before Jasvir is hanged to death, Ravi Verma, father of the slain teenager, has challenged the couple’s petition in the High Court. “Had they known the value of children they would not have killed my son. When we came to know of the petition seeking conjugal rights to have a child, we moved the High Court. We will fight it tooth and nail,” Mr. Verma said.

Right to procreate

The court has appointed an amicus curiae to assist the court to arrive at a decision. Gursharan Kaur Mann, Sonia’s counsel, said the right to procreate survived in imprisonment. Even if the person has been sentenced to death, his rights would remain the same.

The couple kidnapped the boy in a car on February 14, 2005, while he was on his way to school and demanded a ransom of Rs. 50 lakh. But even as negotiations were on, his naked body was dumped near Adampur town, 20 km from Hoshiarpur. The child died after an overdose of a tranquillizer. They dumped the body, but continued the ransom drama till police caught up with them.

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Justice- Recused

CHANDIGARH: Former Haryana DGP SPS Rathore’s conviction in the 1990 teen molestation case came after 19 years, however final hearing is far from near as yet another Division Bench of the Punjab and Haryana High Court, on Tuesday, recused itself from hearing the matter. For the fifth time in the last three months the case has been referred to some other bench as all benches have recused themselves from hearing a PIL seeking direction to take action against those officials who sided with Mr Rathore and prolonged the case for almost 20 years.

A special CBI court had convicted Mr Rathore for molesting a teenage girl in 1990, who committed suicide in 1993, he was sentenced to six months imprisonment. On Tuesday the bench of Justice SK Mittal and Justice Arvind Kumar referred the matter to some other Bench, after obtaining orders from the high court Chief Justice. The petition will now come up before a Bench in which Justice Mittal is not a part. Earlier on 28th July, the matter was placed before the Bench of Justice Mittal and Justice AN Jindal. But it was referred to some other Bench, after Justice Jindal recused himself.

Prior to that, on 7th July, Bench of Justice MM Kumar and Justice Gurdev Singh had issued similar orders. Before that, on May 13, the Division Bench of Justice Hemant Gupta and Justice AN Jindal had also recused itself. The Bench of Chief Justice and Justice Surya Kant had refused to hear the matter before that.

The public interest litigation(PIL) filed by an NGO World Human Rights Council had sought an independent probe in the case from the date of her molestation and also for action against officers who sided with SPS Rathore and enabled the trial to continue for over 19 years. After conviction Mr Rathore filed a plea against the decision which was opposed by the CBI, rejecting Rathore’s appeal against his conviction, the Chandigarh District Court, on 25th May, 2009 sentenced him to one and a half years of rigorous imprisonment. However, in November 2010, the Supreme Court granted bail to Mr Rathore on the condition that he should not leave Chandigarh. (Eom)

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