Chhawla Rape Case: Accused On Bail Murders Auto-Driver, SC Agrees To Form A New Bench

The Supreme Court agreed on Wednesday to form a three-judge panel to hear the Delhi government’s review application challenging the acquittal of three death row inmates in the 2012 Chhawla gang-rape and murder case.

What is Chhawla Rape And Murder Case?

The Chhawla gang-rape and murder case involved the death of a 19-year-old girl who had been kidnapped and allegedly forced into a red Tata Indica in Chhawla.

Her body was later discovered in the fields of Rodai village. The three accused were apprehended after one of them was found perplexed and allegedly driving the car in question.

In 2014, a trial court convicted them of gang rape, murder, and causing evidence to disappear. They were sentenced to death.

The Delhi High Court dismissed the three accused’s appeals, leading to an appeal to the Supreme Court, where they were acquitted last year.

Arguments Today

Solicitor General Tushar Mehta raised the issue this morning before a bench led by CJI DY Chandrachud.

Mehta submitted, “An 18-year-old girl was raped, mutilated, and murdered. Screwdrivers were used to torture private parts. One of the accused has now slit the throat of an auto driver. We have asked for an open court hearing. If the previous bench is of the CJI, it should be led by the CJI.”

In turn, the Court assured that the case would be heard by a three-judge bench.

CJI said, “I will form a bench consisting of myself, Justices Ravindra Bhat, and Bela Trivedi.”

“We will consider the request for an open court hearing,” Justice Bela M Trivedi added.

According to the review application, one of the accused, who was previously on death row, was arrested last month in connection with the murder of an auto driver.

The alleged murder occurred after he was released following his acquittal by the Supreme Court.

The review application requested that additional documents be added to the record in this regard.

Last November, the Supreme Court acquitted three people in the Chhawla rape and murder case, stating that courts cannot punish accused people based on moral conviction.

Following that, Delhi Lieutenant-Governor (LG) Vinai Kumar Saxena approved the filing of a review petition against this judgement. In December 2022, a two-judge Supreme Court bench refused to hear the petition seeking a review of the judgement acquitting the three.

The latest plea to urgently list the matter was filed in the wake of a new criminal case against Vinod (one of the three people acquitted previously) for the murder of an auto-driver.

According to the FIR, the auto-driver was stabbed and declared ‘dead’ by the time he arrived at the hospital. Three days later, Vinod was arrested in connection with the case.

According to the review application, the fact that he committed a murder after his release demonstrated that the accused is a hardened criminal who has abused the benevolence of the court.

As a result, the Court has been urged not to show any mercy to the accused, who has been described as a criminal and a threat to society as a whole.