By PTI
NEW DELHI: Supreme Court choose Justice Bela M Trivedi Wednesday recused herself from listening to a batch of pleas difficult the remission of sentence of 11 convicts within the Bilkis Bano case through which she was gang-raped and 7 members of her household have been killed in the course of the 2002 Gujarat riots.
A bench of Justices Ajay Rastogi and Bela M Trivedi took up the pleas by CPI(M) chief Subhashini Ali, journalist Revati Laul, former vice-chancellor of the Lucknow University Roop Rekha Verma and Trinamool Congress (TMC) MP Mahua Moitra towards the untimely launch of the convicts.
Advocate Rishi Malhotra, showing for one of many convicts, insisted the petitioners need to show their locus standi within the case.
Advocates Vrinda Grover and Aparna Bhat, representing the petitioners, opposed the rivalry, saying the stage of maintainability has lengthy been crossed after the courtroom issued discover on their plea.
Bhat mentioned pleadings within the matter are over and the courtroom could maintain the pleas for February for the ultimate listening to.
The bench agreed to the Bhat’s request and mentioned it should record the petitions for February.
Advocate Shobha Gupta, the counsel for Bilkis, identified at this juncture that Justice Trivedi has recused herself from listening to the sufferer’s plea difficult remission of the sentence of the convicts and their untimely launch from jail.
Justice Rastogi, then had a quick dialog with Justice Trivedi and mentioned, “Since my sister judge has already recused from hearing the victim’s plea, she would like to recuse from hearing this matter also.”
Justice Rastogi mentioned now that the sufferer has approached this courtroom difficult the remission, her plea shall be taken up because the lead matter and the remainder of the writ petitions could be tagged alongside when the bench sits in a distinct mixture of judges.
“We will list all the matters on the next date and tag along all the petitions. All the pleadings should be complete by then,” the bench mentioned.
Senior advocate Siddharth Luthra and Malhotra requested the bench that no matter rejoinder affidavits are being filed by the petitioners be served upon them.
Justice Rastogi mentioned the whole lot needs to be shared among the many events and as soon as the matter has been tagged, the courtroom will begin listening to the problem on deserves.
On December 13 final 12 months, Justice Trivedi had recused herself from listening to a writ petition filed by Bilkis Bano through which she challenged the remission of sentence of 11 convicts by the Gujarat authorities.
Like the earlier event, no purpose was assigned for recusal.
In her writ petition towards the grant of remission, which had led to the discharge of the convicts on August 15 final 12 months, she mentioned the state authorities handed a mechanical order fully ignoring the requirement of regulation as laid down by the Supreme Court.
On the identical day, the highest courtroom had additionally dismissed a plea filed by Bilkis Bano looking for a evaluate of its May 13 verdict by which it had mentioned the state of Gujarat was the “appropriate government” competent to look at the applying for untimely launch filed by a convict within the gang-rape and homicide case.
“In our opinion, there appears no error apparent on the face of record, which may call for review of the judgment dated May 13, 2022 and as regards the judgments on which the reliance has been placed, none of the judgments are of any assistance to the review petitioner,” the highest courtroom had mentioned in its order.
“In our opinion, no case for review is made out. The review petition is accordingly dismissed,” it had mentioned, whereas additionally rejecting the applying for itemizing the petition within the open courtroom.
In its May 13 order, the apex courtroom had requested the state authorities to contemplate the plea of a convict for untimely launch when it comes to its coverage of July 9, 1992, which was relevant on the date of conviction, and resolve it inside a interval of two months.
Bilkis Bano was 21 years outdated and five-month pregnant when she was gang-raped whereas fleeing the riots that broke out after the Godhra prepare burning incident.
Her three-year-old daughter was among the many seven members of the family killed.
Investigation within the case was handed over to the CBI and the trial was transferred to a Maharashtra courtroom by the Supreme Court.
A particular CBI courtroom in Mumbai had on January 21, 2008 sentenced the 11 convicts to life imprisonment.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 males walked out of the Godhra sub-jail on August 15 final 12 months after the Gujarat authorities allowed their launch below its remission coverage.
They had accomplished greater than 15 years in jail.
NEW DELHI: Supreme Court choose Justice Bela M Trivedi Wednesday recused herself from listening to a batch of pleas difficult the remission of sentence of 11 convicts within the Bilkis Bano case through which she was gang-raped and 7 members of her household have been killed in the course of the 2002 Gujarat riots.
A bench of Justices Ajay Rastogi and Bela M Trivedi took up the pleas by CPI(M) chief Subhashini Ali, journalist Revati Laul, former vice-chancellor of the Lucknow University Roop Rekha Verma and Trinamool Congress (TMC) MP Mahua Moitra towards the untimely launch of the convicts.
Advocate Rishi Malhotra, showing for one of many convicts, insisted the petitioners need to show their locus standi within the case.
Advocates Vrinda Grover and Aparna Bhat, representing the petitioners, opposed the rivalry, saying the stage of maintainability has lengthy been crossed after the courtroom issued discover on their plea.
Bhat mentioned pleadings within the matter are over and the courtroom could maintain the pleas for February for the ultimate listening to.
The bench agreed to the Bhat’s request and mentioned it should record the petitions for February.
Advocate Shobha Gupta, the counsel for Bilkis, identified at this juncture that Justice Trivedi has recused herself from listening to the sufferer’s plea difficult remission of the sentence of the convicts and their untimely launch from jail.
Justice Rastogi, then had a quick dialog with Justice Trivedi and mentioned, “Since my sister judge has already recused from hearing the victim’s plea, she would like to recuse from hearing this matter also.”
Justice Rastogi mentioned now that the sufferer has approached this courtroom difficult the remission, her plea shall be taken up because the lead matter and the remainder of the writ petitions could be tagged alongside when the bench sits in a distinct mixture of judges.
“We will list all the matters on the next date and tag along all the petitions. All the pleadings should be complete by then,” the bench mentioned.
Senior advocate Siddharth Luthra and Malhotra requested the bench that no matter rejoinder affidavits are being filed by the petitioners be served upon them.
Justice Rastogi mentioned the whole lot needs to be shared among the many events and as soon as the matter has been tagged, the courtroom will begin listening to the problem on deserves.
On December 13 final 12 months, Justice Trivedi had recused herself from listening to a writ petition filed by Bilkis Bano through which she challenged the remission of sentence of 11 convicts by the Gujarat authorities.
Like the earlier event, no purpose was assigned for recusal.
In her writ petition towards the grant of remission, which had led to the discharge of the convicts on August 15 final 12 months, she mentioned the state authorities handed a mechanical order fully ignoring the requirement of regulation as laid down by the Supreme Court.
On the identical day, the highest courtroom had additionally dismissed a plea filed by Bilkis Bano looking for a evaluate of its May 13 verdict by which it had mentioned the state of Gujarat was the “appropriate government” competent to look at the applying for untimely launch filed by a convict within the gang-rape and homicide case.
“In our opinion, there appears no error apparent on the face of record, which may call for review of the judgment dated May 13, 2022 and as regards the judgments on which the reliance has been placed, none of the judgments are of any assistance to the review petitioner,” the highest courtroom had mentioned in its order.
“In our opinion, no case for review is made out. The review petition is accordingly dismissed,” it had mentioned, whereas additionally rejecting the applying for itemizing the petition within the open courtroom.
In its May 13 order, the apex courtroom had requested the state authorities to contemplate the plea of a convict for untimely launch when it comes to its coverage of July 9, 1992, which was relevant on the date of conviction, and resolve it inside a interval of two months.
Bilkis Bano was 21 years outdated and five-month pregnant when she was gang-raped whereas fleeing the riots that broke out after the Godhra prepare burning incident.
Her three-year-old daughter was among the many seven members of the family killed.
Investigation within the case was handed over to the CBI and the trial was transferred to a Maharashtra courtroom by the Supreme Court.
A particular CBI courtroom in Mumbai had on January 21, 2008 sentenced the 11 convicts to life imprisonment.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 males walked out of the Godhra sub-jail on August 15 final 12 months after the Gujarat authorities allowed their launch below its remission coverage.
They had accomplished greater than 15 years in jail.
