"Supreme Court Questions Entertaining Article 32 Petition in Bilkis Bano Case for Sentence Remission: Justices Raise Concerns Over Jurisdiction Conflict
Intrigue over Bilkis Bano rape case convict's plea for sentence remission under Article 32 has surfaced at the Supreme Court. The Court, led by Justices BV Nagarathna and Ujjal Bhuyan, queried the acceptance of the plea when the Gujarat High Court had previously dismissed the same request. This inquiry refers to an earlier ruling by Justices Ajay Rastogi and Vikram Nath in May 2022.
The contentious verdict by Justices Rastogi and Nath held that the convicts' remission should align with the policy in place at their conviction location. This decision came in response to a petition by convict Radheshyam Bhagwandas Shah @ Lala Vakil, who sought premature release under a 1992 policy, despite his Gujarat High Court dismissal. Notably, the High Court argued that, as the trial took place in Maharashtra, remission applications should be filed there, not in Gujarat.
Justice Nagarathna questioned the Article 32 petitioner's approach, suggesting he should have pursued his remission plea in the Bombay High Court before appealing to the Supreme Court. She further raised concerns over the admissibility and jurisdiction of the petition, prompting a reassessment during upcoming hearings.
The Court addressed a series of petitions challenging the Gujarat government's decision to grant remission to 11 convicts linked to the gang-rape of Bilkis Bano and the murder of her family during the 2002 Gujarat riots.
Debate Flares: Family Garlanding of Convicts Sparks Controversy
In a parallel discussion during the proceedings, Senior Advocate Indira Jaising, representing Trinamool Congress leader Mahua Moitra, highlighted objections to the public's justification for releasing the convicts, particularly emphasizing their Brahmin caste identity. Jaising also criticized the convicts' celebratory garlanding upon release.
In response, Additional Solicitor General SV Raju, representing the Gujarat and Central governments, countered, "What is wrong in being garlanded by family members?"
Advocate Shobha Gupta highlighted deficiencies in the remission process, citing neglectful assessments and an absence of reasons for recommending early release. She argued that the Central Bureau of Investigation (CBI), Godhra district judge, and Additional Director General of Police all advised against remission.
Senior Advocate Sidharth Luthra and Advocate Rishi Malhotra, representing two of the convicts, raised questions about the standing of other petitioners aside from Bilkis Bano.
The proceedings marked the second day of hearings, with continuation scheduled for tomorrow.
Background: Controversy Surrounding Release of Bilkis Bano Convicts
The Gujarat government's decision to grant remission to 11 convicts triggered the present wave of pleas, grounded in the apex court's May 2022 judgment.
Among the released convicts are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana. These convicts, originally serving life sentences, were freed by the Gujarat government ahead of state assembly elections.
The Court had previously expressed dissatisfaction with the convicts' efforts to avoid Justice KM Joseph's bench (now retired), resulting in the ongoing proceedings."
TAGS: Supreme Court Article 32 petition Bilkis Bano case sentence remission Gujarat High Court jurisdiction Justices BV Nagarathna Ujjal Bhuyan Justices Ajay Rastogi Vikram Nath Radheshyam Bhagwandas Shah Lala Vakil Bombay High Court convicts gang-rape murder 2002 Gujarat riots Senior Advocate Indira Jaising Trinamool Congress Mahua Moitra Brahmin caste garlanding Additional Solicitor General SV Raju Central government Godhra district judge Central Bureau of Investigation (CBI) Shobha Gupta remission process Sidharth Luthra Rishi Malhotra Bilkis Bano Jaswant Nai Govind Nai Shailesh Bhatt Radhyesham Shah Bipin Chandra Joshi Kesarbhai Vohania Pradeep Mordhiya Bakabhai Vohania Rajubhai Soni Mitesh Bhatt Ramesh Chandana state assembly elections Justice KM Joseph.
