Close X
Saturday, November 30, 2024
ADVT 
India

'No privilege over documents on remission of convicts in Bilkis Bano case': Centre tells SC

Darpan News Desk The Canadian Press, 02 May, 2023 03:40 PM
  • 'No privilege over documents on remission of convicts in Bilkis Bano case': Centre tells SC

New Delhi, May 2 (IANS) The Centre and the Gujarat government on Tuesday told the Supreme Court that they would not claim privilege over the documents in connection with the remission of sentence of convicts in Bilkis Bano gang-rape and murder of her family members' case during the Gujarat riots, and agreed to share the documents with the apex court for its perusal.

Solicitor General Tushar Mehta, representing the Centre and Gujarat government, submitted before a bench headed by Justice K.M. Joseph and comprising justice B V Nagarathna that they do not claim privilege over files in connection with grant of remission to 11 convicts in the Bilkis Bano case.

Mehta submitted that the Centre and the state government will also not seek review of the apex court's earlier order directing them to bring on record documents in connection with the remission of the convicts. Raising objection to the petitions filed in the matter other than by Bano, Mehta said it will have wide ramifications and third parties will come to the courts in criminal cases.

The top court recorded Mehta's statement that Centre and Gujarat government are not seeking review of the order regarding the direction of production of records.

The bench said it will hear the matter on May 9, as counsel for convicts said that they need time to file their replies to the plea by Bano.

On April 18, the Centre and the Gujarat government, before the Supreme Court, claimed privilege over files in connection with the grant of remission to 11 convicts in the Bilkis Bano case.

The Centre's counsel had said the government is likely to seek review of the court's March 27 order, asking them to be ready with the original files on remission granted to the convicts.

During the hearing on Tuesday, Justice Joseph said the court is only fixing timelines, so that the new bench which hears the matter should not have to waste time on these procedural issues.

"I am retiring during vacation on June 16. My last working day will be on May 19. My sister (Justice Nagarathna) will be going to attend a conference in Singapore till May 25. If all of you agree, then we can sit during the vacation and finish the hearing," Justice Joseph said.

Advocate Shobha Gupta, representing Bano, submitted that only the question of law needs to be decided and the matter will not take a long time and counsel for other petitioners also requested the court to take up the matter before vacation.

Advocate Rishi Malhotra, appearing for a convict, said what was the "tearing hurry" in hearing the case, as the respondents have been released and are out for around one year.

Mehta contended that the bench may list the matter for hearing before court's summer vacation.

Justice Joseph told Gupta: "It is apparent from the way counsel appearing for convicts that they do not want this hearing to take place. It is more than obvious".

Justice Joseph said every time when the matter is listed for hearing, someone would come saying that he needed time to file a reply.

After hearing submissions, the top court said a new bench would take up the matter for a hearing in the second week of July.

In the previous hearing, the top court had noted that a pregnant woman, Bilkis Bano, was gang-raped and several people were killed and the case cannot be compared with a standard Section 302 (murder) cases, and while stressing on the gravity of the offence and on the remission granted to 11 convicts, said: "Unequals cannot be treated equally."

The 11 men convicted in the case were released on August 15 last year, after the Gujarat government allowed their release under its remission policy. The convicts had completed 15 years in jail.

A batch of petitions have been filed against the release of 11 convicts, including the one filed by Bano.

The other petitions were filed by CPI-M leader Subhashini Ali, Trinamool Congress MP Mahua Moitra, National Federation of Indian Women, Meeran Chadha Borwankar and others, Asma Shafique Shaikh and others.

The top court had issued notice on all the pleas filed in the matter.

MORE India ARTICLES

One person alone cannot do this, there are others involved in scam: Suspended PNB official

One person alone cannot do this, there are others involved in scam: Suspended PNB official
After a preliminary probe by the Crime Branch, the prosecution informed the court that around Rs 21 crores is missing, of which the Corporation alone has lost around Rs 10 crores. The fraud has been detected at the Railway Station Link Road branch of PNB.

One person alone cannot do this, there are others involved in scam: Suspended PNB official

India has emerged as a powerful country in world: PM Modi

India has emerged as a powerful country in world: PM Modi
The All-Party meet on India's G-20 Presidency was a productive one. I thank all leaders who participated in the meeting and shared their insights. This Presidency belongs to the entire nation and will give us the opportunity to showcase our culture.

India has emerged as a powerful country in world: PM Modi

Punjab tops with 49,922 crop residue burning incidents between Sep 15-Nov 30

Punjab tops with 49,922 crop residue burning incidents between Sep 15-Nov 30
Out of 23 districts of Punjab, the five hotspot districts with maximum number of crop burning events during the current year are Sangrur, Bhatinda, Firozpur, Muktsar and Moga, recording a total of 21,882 fire counts, which is 43.83 per cent of total fire counts during current year. 

Punjab tops with 49,922 crop residue burning incidents between Sep 15-Nov 30

Man dies after iron rod pierces through his neck in moving train

Man dies after iron rod pierces through his neck in moving train
The passengers sitting in the train said that a rod came crashing through the window of the coach and hit the neck of a young man sitting on the window seat. After the accident, the train stopped at Aligarh station at around 9.23 a.m., where the body of the deceased was handed over to Aligarh GRP and an inquiry was ordered.

Man dies after iron rod pierces through his neck in moving train

Jeddah-Calicut SpiceJet flight diverted to Cochin, makes emergency landing

Jeddah-Calicut SpiceJet flight diverted to Cochin, makes emergency landing
A SpiceJet flight from Jeddah to Calicut was diverted to Cochin where it made an emergency landing on Friday.  The flight carrying 197 passengers had to make an emergency landing at the Cochin International Airport (CIAL) on Friday evening following hydraulic failure.

Jeddah-Calicut SpiceJet flight diverted to Cochin, makes emergency landing

Shraddha murder case: Aaftab's post-narco test concludes

Shraddha murder case: Aaftab's post-narco test concludes
Meanwhile, the prison authorities have also increased the security of his barrack after the police van was attacked by men, who were armed with swords. Though his confessions in the narco test cannot be used in the court, yet it proved that the investigators were proceeding in the right direction.

Shraddha murder case: Aaftab's post-narco test concludes