Can’t have varying sentences for identical crimes, says Supreme Court
Satya Prakash
New Delhi, May 20
As judges award varying sentences to criminals convicted of identical crimes, the Supreme Court has underlined the “crying need for a clear sentencing policy”, saying any unwarranted disparity would be against the very concept of a fair trial and justice.
SC hearing on Soren’s bail plea today
Opposing Jharkhand ex-CM Hemant Soren’s interim bail plea to enable him to campaign in the Lok Sabha poll, the ED on Monday told the Supreme Court that the JMM leader was actively attempting to subvert the probe into a money laundering case against him by “misusing state machinery”. The ED filed an affidavit ahead of Tuesday hearing on his petition before a Bench led by Justice Dipankar Datta.
“Unfortunately, we do not have a clear policy or legislation when it comes to sentencing. Over the years, it has become judge-centric and there are admitted disparities in awarding a sentence,” a Bench of Justice MM Sundresh and Justice SVN Bhatti said.
The Bench said the decision of a judge in sentencing would vary from person to person and also from stage to stage. “It is controlled by the mind. The environment and the upbringing of a judge would become the ultimate arbiter in deciding the sentence,” the Bench said in its May 17 verdict.
The top court directed the Secretary, Ministry of Law and Justice, to respond to its suggestion and a file a report in six months. Noting that such an important issue had escaped the Centre’s attention, it asked the government to consider introducing a comprehensive policy, possibly by way of getting a report from a duly constituted ‘Sentencing Commission’. The top court refused to interfere with a Patna High Court order for a fresh trial in two criminal cases, including the rape of a minor girl in which the accused was awarded death penalty on January 27, 2022, within days of his arrest on December 12, 2021. The Bench said the accused was denied due opportunity to defend himself as the judge acted in undue haste.
