IMTIYAZ RAMZAN KHAN v. STATE OF MAHARASHTRA

Case Details & Bench

Court: High Court
Hon'ble Judges: Abhay Manohar Sapre
Uday Umesh Lalit
Judgment Date: 2018-08-14
Court Decision / Holding: Special Leave Petitions (Crl.) Nos. 6740/2018 and 6747/2018 are dismissed.
Final Disposition: Petitions dismissed.

Parties to the Case

Appellants / Petitioners

IMTIYAZ RAMZAN KHAN

Respondents

STATE OF MAHARASHTRA

Legal Representation & Advocates

Counsels for Petitioners

• Shikhil Suri
• Shiv Kumar Suri

Case Synopsis & Summary

Imtiyaz Ramzan Khan v. State of Maharashtra concerns two Special Leave Petitions arising from criminal appeals against Bombay High Court judgments convicting the petitioner for murder under Section 302 IPC and sentencing him to life imprisonment, and a connected matter from the High Court of Chhattisgarh. Although the petitions are not factually connected, they are heard together because of a common issue: the use of video conferencing mandated by the Supreme Court Legal Services Committee to facilitate counsel’s communication with the jailed accused or with persons having knowledge of the case. The Court lauds this initiative as a commendable and necessary step to ensure effective legal aid and the fair administration of justice, noting that dialogue between counsel and client can significantly aid case preparation and the enforcement of rights. In the Bombay matter (SLP 6740/2018), the High Court’s reversal of the conviction was affirmed on appeal due to the reliability of eyewitnesses, particularly PWs 3 and 5. In the Chhattisgarh matter (SLP 6747/2018), the High Court’s rejection of the defence of sudden fight was also upheld. The Court emphasizes extending video-conferencing facilities across all cases where the accused is in custody, and accordingly, dismisses the petitions, leaving the High Court judgments intact and endorsing a broader use of technology to facilitate justice.

Provisions of Law Cited

Section 302 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants challenge the High Court’s affirmation of the conviction under Section 302 IPC and seek relief by way of interference with the concurrent appellate decisions. In the related matter, the defence of sudden fight had been urged by the petitioner, and the High Court rejected this theory after detailed analysis; the petitioners rely on the High Court’s evaluation of eyewitness testimony and the sufficiency of the evidence.

Contentions of Respondents

The respondents argue that the High Court’s order upholding the conviction—based on reliable eyewitness testimony (PWs 3 and 5)—was sound and that the defence of sudden fight was correctly rejected. They contend there is no legitimate ground to interfere with the conviction or the life sentence.

Extracted Judgment Text

Exact text extracted from official judgment records.

953 [2018] 10 S.C.R. 953 ## IMTIYAZ RAMZAN KHAN A v. ## STATE OF MAHARASHTRA (SLP (Crl.) No. 6740 of 2018) AUGUST 14, 2018 B ## **[ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.]** _Video conferencing: Arrangement of conducting video conferencing between the counsel and the accused made mandatory by the Supreme Court Legal Services Committee – Such a direction_ C _on part of Supreme Court Legal Services Committee is commendable and praiseworthy – It is essential for the counsels/Advocates appearing in matters entrusted by the Legal Services Committee to have the advantage of having a dialogue with either the accused or those having knowledge of details about the case – Attempt to facilitate dialogue between counsel and his client furthers the cause_ D _of justice and makes legal aid meaningful – Therefore, all Legal Services Authorities/Committees in every State to extend such facility in every criminal case wherever the accused is lodged in jail – Administration of criminal justice._ CRIMINAL APPELLATE JURISDICTION : Special Leave Petition (Crl.) No. 6740 of 2018. E From the Judgment and Order dated 30.08.2013 of the High Court of Judicature at Bombay in Criminal Appeal No. 986 of 2005 WITH F SLP(Crl.) No. 6747 of 2018. Shikhil Suri & Shiv Kumar Suri, Advs. for the Petitioners. The Judgment of the Court was delivered by **UDAY UMESH LALIT, J.** 1. Though these two special leave petitions are completely unconnected but they present one common feature and as such we propose to deal with these two special leave petitions by this common Judgment. 2. Special Leave Petition (Crl.) No. 6740 (D.No.20446 of 2018) of 2018 challenges the decision dated 30.08.2013 of the High Court of G H 953 954 SUPREME COURT REPORTS [2018] 10 S.C.R. - A Judicature at Bombay dismissing Criminal Appeal No.986 of 2005 preferred by the petitioner and thereby affirming his conviction for the offence punishable under Section 302 IPC and sentence of imprisonment for life. The prosecution principally relied on the testimony of two eye witnesses, namely, PWs 3 and 5 whose evidence was found by the High Court to be worthy of reliance and completely unblemished. The decision - B rendered by the High Court, in our view, does not call for interference and as such we dismiss this special leave petition. 3. In Special Leave Petition (Crl.) No. 6747 (Diary No.21026 of 2018) of 2018 the decision dated 17.02.2014 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.850 of 2009 is under C challenge. The High Court by its judgment and order affirmed the conviction of the petitioner under Section 302 IPC and his sentence of imprisonment for life. Though the defence of sudden fight was taken on behalf of the petitioner, the High Court on detailed analysis rejected said theory and found the petitioner guilty of the offence in question. Having D gone through the matter, we see no reason to take a different view and as such we dismiss this special leave petition. 4. We now come to the common feature between these two matters. Mr. Shikhil Suri, learned Advocate appeared for the accused in both the matters. On pervious dates letters were circulated by the learned E Advocate appearing for the petitioners that the matters be adjourned so as to enable the counsel to make arrangements for conducting video conferencing with the concerned accused. The letter further stated that this exercise was made mandatory as per the directions of the Supreme Court Legal Services Committee. This Court readily agreed and adjourned the matters. On the adjourned date, we enquired from Mr. F Shikhil Suri, learned Advocate whether he could successfully get in touch with the concerned accused. According to the learned Advocate he could not get in touch with the accused in the first matter but could speak with his sister whereas in the second matter he could have video conference with the accused. G 5. In our view such a direction on part of the Supreme Court Legal Services Committee is quite commendable and praiseworthy. Very often we see that the learned Advocates who appear in matters entrusted by the Supreme Court Legal Services Committee, do not have the advantage of having had a dialogue with either the accused or those H who are in the know of the details about the case. This at times seriously IMTIYAZ RAMZAN KHAN v. STATE OF MAHARASHTRA 955 [UDAY UMESH LALIT, J.] hampers the efforts on part of the learned Advocates. All such attempts A to facilitate dialogue between the counsel and his client would further the cause of justice and make legal aid meaningful. We, therefore, direct all Legal Services Authorities/Committees in every State to extend similar such facility in every criminal case wherever the accused is lodged in jail. They shall extend the facility of video conferencing between the B counsel on one hand and the accused or anybody in the know of the matter on the other, so that the cause of justice is well served. Devika Gujral Petitions dismissed. C D E F G H