Close X
Sunday, November 24, 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

12 kg heroin dropped by Pak drone seized in Punjab, three held

12 kg heroin dropped by Pak drone seized in Punjab, three held
 DGP Yadav said following intelligence inputs that some drug smugglers have retrieved the heroin consignment dropped via drone and they are going to deliver it in a car, Amritsar Rural Police conducted a special police checking near Beharwal village.  

12 kg heroin dropped by Pak drone seized in Punjab, three held

Punjab seeks norms relaxation to assist flood-hit

Punjab seeks norms relaxation to assist flood-hit
Chief Minister Bhagwant Mann has already written a letter to the Union Home Minister Amit Shah, saying there is no shortfall in the state disaster relief funds to compensate the victims, and only a change in the norms for compensating the damage is required so that the loss of people can be fully compensated.  

Punjab seeks norms relaxation to assist flood-hit

'Violence in Manipur unpardonable', says PM Modi; calls INDIA 'Ghamandiya Gathbandhan'

'Violence in Manipur unpardonable', says PM Modi; calls INDIA 'Ghamandiya Gathbandhan'
In his more than two-hour long reply to the no-confidence motion, the Prime Minister gave an assurance that peace will prevail in Manipur, and that it will march forward on the path of development. The BJP-ruled state government in Manipur has been trying to resolve the situation prevailing there for the past six years and the efforts will continue in the future too. 

'Violence in Manipur unpardonable', says PM Modi; calls INDIA 'Ghamandiya Gathbandhan'

Fake call centre cheating US citizens busted in Goa

Fake call centre cheating US citizens busted in Goa
The accused persons were directing the victims to pay processing fee/security deposit through online options such as Google Pay gift card, Apple Pay gift card, Walmart gift card and Target gift card.  

Fake call centre cheating US citizens busted in Goa

Smriti Irani slams Rahul Gandhi over his alleged gesture of flying kiss

Smriti Irani slams Rahul Gandhi over his alleged gesture of flying kiss
“Never before has the misogynistic behaviour of a man been so visible in Parliament as what was done by Rahul Gandhi today. When the House of the people, where laws are made to protect the dignity of women, during the course of a session stands witness to a man's misogyny, my question is should he be brought to task?” Irani told reporters here

Smriti Irani slams Rahul Gandhi over his alleged gesture of flying kiss

Manipur unrest: ITLF delegation meets Amit Shah

Manipur unrest: ITLF delegation meets Amit Shah
During the meeting, Shah assured that the deployment of the Central forces in the state will be further strengthened and reoriented to plug vulnerable gap areas, the statement said.  The Home Minister also assured that necessary arrangements will also be made to facilitate transportation and identification of dead bodies, it claimed.     

Manipur unrest: ITLF delegation meets Amit Shah