Close X
Thursday, November 28, 2024
ADVT 
India

SC reserves verdict on pleas filed against remission granted to convicts in Bilkis Bano case

Darpan News Desk The Canadian Press, 12 Oct, 2023 06:00 PM
  • SC reserves verdict on pleas filed against remission granted to convicts in Bilkis Bano case

New Delhi, Oct 12 (IANS) The Supreme Court on Thursday reserved its verdict on a batch of petitions filed against the early release of convicts in the Bilkis Bano case by the Gujarat government.

A bench of Justices B.V. Nagarathna and Ujjal Bhuyan reserved the judgment after hearing both the sides on the question of validity of the remission orders setting free convicts in the case of the gang-rape of Bano and murder of her family members committed during the 2002 post-Godhra riots.

The bench ordered the Centre and state government to file records along with translation pertaining to the convicts’ remission by October 16. 

Senior advocate Indira Jaising, in her rejoinder arguments, submitted that the decision of the apex court in the case will reflect the “conscience of the Constitution.”

Jaising reiterated that the remission orders are ‘bad in law’ emphasizing that principles dwelled by the top court should be applied in determining the application for early release. 

She said that the crime committed against Bano was a “motivated” one and the nation's conscience will be reflected in the verdict of the apex court.

In an earlier hearing, she had argued that the crime committed against Bano during the 2002 post-Godhra riots was a "crime against humanity" perpetrated on the basis of religion.

In her rejoinder arguments, advocate Vrinda Grover questioned the release of convicts by the Gujarat government despite non-payment of fine - which Bombay High Court ordered to be paid as compensation to the victim. 

She contended that convicts cannot come out on remission unless fine is paid or convicts have suffered the sentence imposed in default of fine, adding that convicts had “illegal premature release”. 

After commencement of the final hearing, the convicts approached the trial court in Mumbai and deposited the fine imposed upon them to "reduce the controversy".

The Supreme Court had questioned the deposition of the fine without awaiting the outcome of their application filed before the top court.

"You seek permission and then you deposit without getting permission?", it had asked convicts.

The petitioner had pointed out before the Supreme Court that the convicts did not pay the fines imposed on them and the non-payment of fine renders remission order illegal.

In another hearing, the apex court had also said that it will be required to examine if remission applications of convicts in the Bilkis Bano case were given any preferential treatment by the Gujarat government.

On the other hand, the convicts had contended that remission orders granting them early release have an essence of judicial order and cannot be challenged by way of filing a writ petition under Article 32 of the Constitution.

The Centre, Gujarat government, and convicts have opposed the PILs filed by CPI(M) leader Subhashini Ali, Trinamool Congress MP Mahua Moitra, the National Federation of Indian Women, Asma Shafique Shaikh and others against the remission orders, saying that once victim herself has approached the court, others may not be allowed to intervene in a criminal matter.

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.

MORE India ARTICLES

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other
The Chandrayaan-3 spacecraft comprises a propulsion module (weighing 2,148 kg), a lander (1,723.89 kg) and a rover (26 kg). Recently, the lander module got detached from the propulsion module and the latter is also circling the moon at an altitude of 25 km x 134 km.

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other

Assam Police seize drugs worth Rs 5 cr, arrest 5

Assam Police seize drugs worth Rs 5 cr, arrest 5
In two separate incidents, the Assam Police seized drugs worth Rs 5 crore in Cachar district and arrested five persons in connection, officials said on Monday. The narcotics were seized from two different places near the inter-state borders with Manipur and Mizoram.

Assam Police seize drugs worth Rs 5 cr, arrest 5

Farmer leaders detained in Punjab ahead of protest

Farmer leaders detained in Punjab ahead of protest
The leaders have been identified as Sarvan Singh Pandher, state president of the Kisan Mazdoor Sangharsh Committee; Baldeep Singh of the BKU (Krantikari); Kanwardilip Singh of the Kanwardilip Singh; Chamkaur Singh and Borh Singh, both of the of BKU (Behramke).

Farmer leaders detained in Punjab ahead of protest

Drugs worth Rs 10 cr seized in Tripura, 3 held

Drugs worth Rs 10 cr seized in Tripura, 3 held
North Tripura district Superintendent of Police Bhanupada Chakraborty said that the drugs contained in many soap cases were carried in a TATA Sumo vehicle, which was coming from southern Assam.

Drugs worth Rs 10 cr seized in Tripura, 3 held

Delhi govt to provide free sugar to underprivileged families

Delhi govt to provide free sugar to underprivileged families
Delhi Chief Minister Arvind Kejriwal on Monday approved the Delhi Cabinet's proposal of July 20, to provide free sugar to the underprivileged families living in Delhi. This significant move aims to alleviate the hardships faced by underprivileged families and ensure food security for all.  

Delhi govt to provide free sugar to underprivileged families

Farmers clash with police in Noida

Farmers clash with police in Noida
The farmers have been demonstrating at the Noida Authority for the last one month. On Monday, the farmers gathered at the Authority's office located in Sector-6. Later, they marched to the MLA's house in Noida Sector-26 in the afternoon. 

Farmers clash with police in Noida