Case Law Details
Javed Shaukat Ali Qureshi Vs State Of Gujarat (Supreme Court of India)
Supreme Court of India, in its recent judgment in the case of Javed Shaukat Ali Qureshi vs State of Gujarat, has emphasized the principle of parity in cases where there is similar evidence of eyewitnesses against two accused persons, ascribing them the same or similar role. This landmark judgment, delivered on September 13, 2023, reiterates the importance of ensuring equal treatment of individuals facing similar charges based on identical evidence.
While striking entirely the right chord and taking the most right, robust and rational stand at the right time, the Apex Court has in a most learned, laudable, landmark and latest judgment titled Javed Shaukat Ali Qureshi vs State of Gujarat in Criminal Appeal No. 1012 of 2022 and cited as 2023INSC829 that was pronounced as recently as on September 13, 2023 in the exercise of its criminal appellate jurisdiction in an unlawful assembly related case has minced just no words to hold in no uncertain terms that when there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other. The Apex Court has thus made it absolutely clear that the jurisdiction under Article 136 of the Constitution can be invoked even suo motu in compelling cases. This was so observed by the Supreme Court while so very commendably in the fitness of things setting aside the conviction of certain accused persons, even though they themselves had not filed any appeal.
It must be also mentioned here that the Court was deciding a criminal appeal preferred by one of the accused who was convicted based on an occurrence that took place in 2003. The Bench took the most nuanced and balanced stand that the case of the appellant/accused stands on the same footing as other accused persons who were acquitted by the Apex Court and hence, the said accused must get the benefit of parity. We thus see that while considering the appeal that had been filed by another accused person, the Court noted that the evidence against all the accused persons were one and the same. The Court perhaps quite ostensibly was most pragmatic in holding that the benefit of acquittal has to be extended to the other accused also, even if they haven’t approached the Supreme Court. Very rightly so!
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