DATE OF JUDGMENT: 19th April 2021
JUDGES: Justice Sanjay Kishan Paul and Justice Hemant Gupta
PARTIES
- Akhtar Parwez (Petitioner)
- State of West Bengal (Respondent)
SUMMARY: In the following judgment, the Hon’ble Supreme Court dismissed a request by Kolkata's biryani baron Akhtar Parwez looking for bail for his child Raghib, who is blamed for causing the death of two Bangladeshi nationals while driving his Jaguar F-Pace at a speed of 130-135 kph.
AN OVERVIEW
- The Supreme Court dismissed the request by Akhtar Parwez looking for bail for his child Raghib, who is blamed for causing the passing of two Bangladeshi nationals while driving his Jaguar.
- Parwez's counsel Kapil Sibal told the bench that Raghib experiences Bipolar Affective Disorder and required substantial medicine for the psychological sickness.
- He likewise told the bench that Raghib had helped out with the investigations leading to the filing of the charge sheet and that no reason would be served to send him back to prison following a time of being kept at home on interim bail.
ISSUES
The following was analyzed by the court – Whether the rich brats can seek relief while speeding in their high-end vehicles?
IMPORTANT PROVISIONS
- Article 21 of the Indian Constitution: guarantees the protection of life and personal liberty.
ANALYSIS OF THE JUDGEMENT
- The bench helped Sibal to remember the scandalous BMW quick in and out case including Sanjeev Nanda and said rich whelps driving their high-end vehicles dangerously fast couldn't look for concessions. "If he is of unsound mind, who permitted him to drive the Jaguar at such rapid? The guardians in such cases should be sent to jail," the bench said.
- The bench likewise said there was no assurance by the preliminary court that Raghib was of a weak brain.
- Sibal said, "The charge sheet was recorded on September 18, 2019. Raghib was in prison for a very long time and was allowed to break bail in April a year ago. What is the motivation behind sending him to imprison at this stage when the pandemic is seething? There is no charge that he has impacted observers."
- But the bench said Raghib escaped to Dubai following the mishap. "You likewise endeavored to change the driver. His conduct doesn't warrant any relief," it said.
- Sibal said he had returned to India within 48 hours and surrendered to police for examinations. Raghib had returned after his older sibling Arsalan was captured by Kolkata police for the mishap.
- Refusing relief, the bench said Raghib should confront preliminary and it was for the able court to decide his state of mind. "We appreciate your (Sibal's) contentions. Yet, we can't convince ourselves to concur with you on the help you have looked for," the bench said and excused the father's plea.
- Parwez, through advocate Ankur Chawla, said, "The preliminary isn't probably going to finish up without further ado as the arraignment has referred to 63 observers and voluminous proof which is needed to be recorded and sending Raghib to imprison at this stage would be correctional in nature and as opposed to the petitioner's major right to life ensured under Article 21 of the Constitution of India."
CONCLUSION
The Apex Court dismissed a supplication by Akhtar Parwez who was looking for bail for his child Raghib, who was blamed for causing the demise of two Bangladeshi nationals while driving his Jaguar F-Pace. Parwez's counsel Adv. Kapil Sibal told a seat of Justices Sanjay Kishan Kaul and Hemant Gupta that Raghib experiences Bipolar Affective Disorder and required hefty medicine for the psychological maladjustment, that he had helped out the examinations prompting recording of charge sheet and that no reason would be served to send him back to prison following a time of being kept at home on interim bail when the Covid-19 pandemic is seething. To this, the Bench fought that, "If he is of weak psychological wellness, who permitted him to drive the Jaguar at such rapid? The guardians in such cases should be sent in the slammer."
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