Chhawla case: The Supreme Court verdict on Monday acquitting three men in the Chhawla gang rape and murder case of a 19-year-old woman in 2012 , has raised eyebrows and sparked a debate in the country. The victim’s family is planning to seek legal remedies against the acquittal order. The three men were facing death penalty for abducting, gang-raping and brutally killing the woman in February 2012. Her mutilated body was found three days after she was abducted.
Protest staged
After Tuesday verdict, the family members of the deceased woman and some activists were seen protesting on the Supreme Court premises.
The girl’s mother told reporters that they got justice when a trial court awarded death penalty to the accused in 2014. But the Supreme Court order had come as a shock and they were not happy with the order. The family is now planning to pursue further legal remedies and seek review in the case.
Many activists protesting on Tuesday said death is the only punishment for a crime as heinous as this.
Is there a legal remedy?
Once the Supreme Court gives a verdict, the petitioner can seek review of the judgment from the top court. In this case too a review petition can be filed challenging the November 7 order.
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While the Constitution of India in Article 137 allows review of the Supreme Court orders and judgments, it says that review is a discretionary right of the court and the grounds for review are limited.
As per the rules, the court will entertain a plea for review only on the ground of an apparent error. The petitioners must submit the review application along with an advocate certifying that it is the first application for review and that is based on the grounds admissible under the rules.
Also, the review petition must be filed within 30 days from the date when the judgment was given.
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