SC to listen to Bilkis Bano’s plea difficult untimely launch of 11 convicts on Dec 13

Express News Service

NEW DELHI: The Supreme Court will take into account Bilkis Bano’s plea on December 13. The plea challenges the discharge of 11 convicts who walked free on August 15, 2022 when the nation was celebrating its 76th Independence Day. The pleas shall be heard by a bench of Justice Ajay Rastogi and Bela M Trivedi. 

Bilkis was gang raped by a mob through the Godhra riots in Gujarat when she was 20 years and 5 months pregnant. 

Bilkis in her writ petition whereby she has challenged their remission and untimely launch has termed Gujarat authorities’s remission order as “mechanical”. 

Contending that the paper for “premature release” of the convicts was not shared together with her regardless of reminders, the petition says, “SC already declared that en masse remissions are not permissible and that remission cannot be sought or granted as a matter of right of the convict without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.”

“That when the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated and this is how she along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts of one of the most gruesome crime this country has ever seen,” the writ petition additionally states. 

ALSO READ | Bilkis Bano case convict was booked for outraging girl’s modesty whereas on parole in 2020

Apart from Bilkis, ladies’s rights activists together with Subhashini Ali have additionally challenged the discharge of the 11 convicts within the Bilkis Bano case. The plea difficult the remission turns into vital towards the backdrop of Gujarat authorities in addition to the accused (RadheyShyam) questioning the locus of the ladies rights activists difficult their launch. 

Bilkis has additionally sought overview of Top Court’s May 13 order handed by the bench of Justices Ajay Rastogi and Vikram Nath whereby the courtroom whereas contemplating a writ by one of many convicts RadheyShyam had directed the Gujarat authorities to think about releasing him on the idea of Gujarat authorities’s 1992 Remission coverage inside two months. The 1992 coverage didn’t prohibit the remission of rape, gang rape or homicide convicts. The overview plea is but to be listed. 

Earlier, a bench headed by CJI DY Chandrachud had mentioned that he would study the problem of whether or not each pleas might be heard collectively and if the identical might be heard earlier than the identical bench. 

It has been argued within the overview petition that Bilkis who’s the sufferer was not even made a celebration in one of many convicts, states RadheyShyam’s plea earlier than the SC. With regards to the delay in submitting the overview petition, the plea says, “took enormous efforts and time for the present review petitioner- victim of one of the most gruesome and inhuman communal hate crime this country has ever witnessed, to collect courage and regroup herself to decide to hold the baton once again, after just getting over with the extremely excruciating 17 years long drawn legal battle in ensuring that her culprits are punished for the egregious crime they had committed.”

Seeking itemizing of the plea in “open court”, she has acknowledged that the “appropriate government” to think about the appliance of the remission of the convicts is the State of Maharashtra and never the State of Gujarat. 

The Gujarat authorities in its 477-page affidavit had advised the SC that the state determined to launch the 11 convicts on completion of their 14 years of the sentence as their “behaviour was found to be good” after approval from the central authorities.

It additionally added that the opinions of the Inspector General of Prisons, Gujarat State, Jail Superintendents, Jail Advisory Committee, District Magistrate, Police Superintendent, CBI, Special Crime Branch, Mumbai and Hon. Sessions Court, Mumbai (CBI) had been thought of. The state additionally asserted that third-party strangers had been precluded from questioning a remission order handed by the State authorities which is strictly in accordance with the regulation. 

NEW DELHI: The Supreme Court will take into account Bilkis Bano’s plea on December 13. The plea challenges the discharge of 11 convicts who walked free on August 15, 2022 when the nation was celebrating its 76th Independence Day. The pleas shall be heard by a bench of Justice Ajay Rastogi and Bela M Trivedi. 

Bilkis was gang raped by a mob through the Godhra riots in Gujarat when she was 20 years and 5 months pregnant. 

Bilkis in her writ petition whereby she has challenged their remission and untimely launch has termed Gujarat authorities’s remission order as “mechanical”. 

Contending that the paper for “premature release” of the convicts was not shared together with her regardless of reminders, the petition says, “SC already declared that en masse remissions are not permissible and that remission cannot be sought or granted as a matter of right of the convict without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.”

“That when the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated and this is how she along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts of one of the most gruesome crime this country has ever seen,” the writ petition additionally states. 

ALSO READ | Bilkis Bano case convict was booked for outraging girl’s modesty whereas on parole in 2020

Apart from Bilkis, ladies’s rights activists together with Subhashini Ali have additionally challenged the discharge of the 11 convicts within the Bilkis Bano case. The plea difficult the remission turns into vital towards the backdrop of Gujarat authorities in addition to the accused (RadheyShyam) questioning the locus of the ladies rights activists difficult their launch. 

Bilkis has additionally sought overview of Top Court’s May 13 order handed by the bench of Justices Ajay Rastogi and Vikram Nath whereby the courtroom whereas contemplating a writ by one of many convicts RadheyShyam had directed the Gujarat authorities to think about releasing him on the idea of Gujarat authorities’s 1992 Remission coverage inside two months. The 1992 coverage didn’t prohibit the remission of rape, gang rape or homicide convicts. The overview plea is but to be listed. 

Earlier, a bench headed by CJI DY Chandrachud had mentioned that he would study the problem of whether or not each pleas might be heard collectively and if the identical might be heard earlier than the identical bench. 

It has been argued within the overview petition that Bilkis who’s the sufferer was not even made a celebration in one of many convicts, states RadheyShyam’s plea earlier than the SC. With regards to the delay in submitting the overview petition, the plea says, “took enormous efforts and time for the present review petitioner- victim of one of the most gruesome and inhuman communal hate crime this country has ever witnessed, to collect courage and regroup herself to decide to hold the baton once again, after just getting over with the extremely excruciating 17 years long drawn legal battle in ensuring that her culprits are punished for the egregious crime they had committed.”

Seeking itemizing of the plea in “open court”, she has acknowledged that the “appropriate government” to think about the appliance of the remission of the convicts is the State of Maharashtra and never the State of Gujarat. 

The Gujarat authorities in its 477-page affidavit had advised the SC that the state determined to launch the 11 convicts on completion of their 14 years of the sentence as their “behaviour was found to be good” after approval from the central authorities.

It additionally added that the opinions of the Inspector General of Prisons, Gujarat State, Jail Superintendents, Jail Advisory Committee, District Magistrate, Police Superintendent, CBI, Special Crime Branch, Mumbai and Hon. Sessions Court, Mumbai (CBI) had been thought of. The state additionally asserted that third-party strangers had been precluded from questioning a remission order handed by the State authorities which is strictly in accordance with the regulation.