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Supreme Court of India 2018-03-28 dismissed

Pankaj Kumudchandra Phadnis vs Union of India Ministry of Law and Justice

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This judgment concerns a petition to reopen the criminal case of Mahatma Gandhi's assassination from 1948, nearly 70 years after trial and conviction. The petitioner, claiming new research, sought to reopen investigation and challenged the conviction based on a "fourth bullet" theory and questioned the Kapur Commission's findings. The Supreme Court held that criminal cases resulting in conviction and execution should not be reopened; new academic research does not justify rehearing concluded matters. The Court found no merit in the fourth bullet theory and ruled that Commission findings, being merely recommendatory, cannot overturn the acquittal rendered by the trial court. The petition was dismissed.

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Criminal Law Murder Criminal Procedure Appellate Review Finality of Convictions Commission of Inquiry Historical Matters Constitutional Law

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