In this case, 13 men were convicted in connection with mob violence in Gujarat in 2013. The trial court convicted and sentenced accused numbers 1 to 6 and 13, to ten years imprisonment, while the remaining accused were acquitted. The Supreme Court summarily dismissed the SLP filed by accused 2 in May 2018. However, the Court approved the appeals of three other defendants - accused 1, 5, and 13 - and acquitted them in August 2018. Accused 6 had filed the current appeal. Accused 3 and 4 did not file an appeal.

“If the same relief is not extended to accused nos. 3 and 4 by reason of parity, it will amount to violation of fundamental rights guaranteed to accused nos. 3 and 4 by Article 21 of the Constitution of India. Therefore, we have no manner of doubt that the benefit which is granted to accused nos. 1,5 and 13 deserves to be extended to accused nos.3 and 4, who did not challenge the judgment of the High Court. In this case, the suo motu exercise of powers under Article 136 is warranted as it is a question of the liberty of the said two accused guaranteed by Article 21 of the Constitution.”

The Supreme Court conclusively held that the suo moto exercise of power under Article 136 is warranted under this case, as it is a question of liberty of the two said accused. Therefore, the Supreme Court acquitted accused no. 3 & 4 who did not file appeals and it is important to note that the Supreme Court also acquitted accused no. 2 applying the principle of parity.