Close X
Monday, November 25, 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

Heavy rains in Himachal responsible for Punjab floods: Minister

Heavy rains in Himachal responsible for Punjab floods: Minister
Attributing heavy rains in Himachal Pradesh for floods in Punjab, state Water Resources Minister Gurmeet Singh Meet Hayer on Thursday held a review meeting with officials of the department to take stock of the flood situation in several districts and directed them to speed up the ongoing rescue and relief work.

Heavy rains in Himachal responsible for Punjab floods: Minister

Four accused held in Manipur women parade case, CM says will seek capital punishment

Four accused held in Manipur women parade case, CM says will seek capital punishment
Chief Minister N. Biren Singh, who had earlier said two more accused had been arrested, announced that maximum punishment would be accorded to the perpetrators. The CM, who also holds the home portfolio, said that interrogation of the two arrested persons is being conducted by the senior police officials and at this juncture, he would not be able to disclose the details.

Four accused held in Manipur women parade case, CM says will seek capital punishment

Punjab Police arrest Bishnoi gang member for making threat calls

Punjab Police arrest Bishnoi gang member for making threat calls
The arrested accused was identified as Kashmir Singh, alias Bobby Shooter (24), a resident of Patiala, who was working as a taxi driver. The police teams have also recovered a country-made pistol along with two cartridges with him.

Punjab Police arrest Bishnoi gang member for making threat calls

Punjab Police seize 13.7 lakh pharma opioids capsules, tablets

Punjab Police seize 13.7 lakh pharma opioids capsules, tablets
Punjab Director General of Police Gaurav Yadav on Wednesday said that it has busted one of biggest pharma opioids consignments by arresting two people and recovered 13.7 lakh capsules and tablets from their possession. The seizure by the Barnala police included tramadol capsules.  

Punjab Police seize 13.7 lakh pharma opioids capsules, tablets

Gurugram: Police seize 359 kg marijuana; 1 arrested

Gurugram: Police seize 359 kg marijuana; 1 arrested
The accused has been identified as Shabbir Khan (36), a resident of Nuh. The police also seized 359 kg of fine quality marijuana (ganja) from inside a truck. Based on the tip-off, the police reached the designated spot and apprehended the driver of a truck along and seized the large consignment of marijuana hidden inside it.  

Gurugram: Police seize 359 kg marijuana; 1 arrested

Delhi court directs officials to provide copy of CCTV clip to Sisodia on manhandling claim

Delhi court directs officials to provide copy of CCTV clip to Sisodia on manhandling claim
The lockup in-charge at Rouse Avenue Courts was also directed to promptly report any violation of these instructions to the court. During the hearing, the judge had informed the defence counsel that hybrid hearings are permissible and, with consent, the court could issue directions for Sisodia's appearance via video conference to prevent a recurrence of such incidents and ensure his safety.

Delhi court directs officials to provide copy of CCTV clip to Sisodia on manhandling claim