Thread by @JMehta65

About 10 days back, I read this news..My initial reaction was that of shock and disbelief..I thought how can men, who committed horrible crime against Bilkis Banu, be set free?

In my personal opinion, rapists and murderers must never leave the prison..

1/20

I was wondering how could Gujarat govt release these prisoners? Therefore, I decided to find out the reasons, which led to early release of these 11 prisoners.

While going through this excerpts, I decided to get hold of the SC judgment which triggered this release..

2/20

I found the Supreme Court judgment, which ordered the Gujarat Govt to consider the application of remission by one of the petitioners who had completed more than 15 years jail..SC order specifically asked Gujarat govt to consider remission on the basis of its 1992 circular.

3/20

As soon as these 11 prisoners were released, a concerted campaign was launched to rescind this premature release..Usual rogues started attacking Modi ji, using Bilkis Banu's plight..

Politicians-

4/20

Most vicious and venomous amongst the political lot is #MahuaMoitra ..She did not utter a word, when her party's goons, raped and murdered BJP's women supporters; post West Bengal assembly results in May' 2021..

She has even filed a Writ Petition in SC against release..

5/20

Then journalists too jumped into the bandwagon led by Ex and current anchors of #NDTV .Nidhi and Sreenivasan maliciously peddled Home Ministry's latest directives, for SPECIAL remission for prisoners.
This policy didnt apply to these 11 convicts as per Supreme Court order.

6/20

Again that lot of regular, Modi haters were brought into action..

7/20

Even a serving IAS #SmitaSabharwal , in violation of her service rules, expressed her views publicly..

8/20

Immediately international agencies inimical to India, jumped in to target India by alleging persecution of minorities in India..

9/20

Now I will examine early release of 11 convicts by Gujarat Government, both jurisprudentally viz. Precedents, case laws etc. first and, politically second..

*JURISPRUDENTALLY*

Let's begin with SC judgment which paved the way for Gujarat Govt to release these 11 convicts.

10/20

This is the judgment from Supreme Court of India which directed Gujarat Govt to consider application of the petitioner, under Guj Govt's policy of remission vide its' circular dated 9th July' 1992.
Therefore the argument that Guj Govt ignored latest guidelines doesn't hold

11/20

5 days after this judgment, Supreme Court of India ordered release of Rajiv Gandhi's assasin Perarivalan..Earlier he was sentenced to death..Later on Supreme Court commuted his death sentence to life imprisonment and finally ordered his release..

12/20

For his release, Tamil Nadu Govt invoked Article 161 of our Constitution and, passed a resolution in Cabinet, to release all the 7 convicts involved in Rajiv Gandhi's assassination..

Even Supreme Court invoked Article 142 of our Constitution to release Perarivalan..

13/20

One month before release of Perarivalan, Supreme Court commuted death sentence of Mohd. Firoz, a rapist and killer of child, to 20 years of life imprisonment because, judges opined that, Mohd. Firoz had a future even though he had committed most barbaric and ugly crime..

14/20

After spending 20 years in prison, Mohd. Firoz will walk out free in public..
Mother of 4 year old child, who was brutally raped and murdered by Mohd. Firoz , filed a review petition in SC but it was dismissed..No pressure was exerted on Judiciary to restore death sentence

15/20

Contrary to popular belief that Life Imprisonment means, Imprisonment for the remainder of natural life of convict, Supreme Court of India has concluded that, Life Imprisonment implies, incarceration of 14 to 20 years, in a landmark judgment passed in November 2012.

16/20

In this judgment, Supreme Court laid down procedural as well as substantive checks to prevent arbitrary remissions..
Judiciary can't injunct, executive from exercising its' power of remission.

This judgment was authored by liberal's darling judge, J. Madan Lokur.

17/20

Let's look at, precedents, wherein a convict undergoing Life Imprisonment has been released under remission policy.
Many of you would remember high profile #Tandoor murder case..Naina Sahani was killed by her husband Sushil Sharma.
Sushil Sharma was released vide remission

18/20

Another high profile case which nobody has forgotten..That of #JessicaLal murder case..Her murderer, #ManuSharma was freed by Kejriwal govt under remission policy, though he was sentenced with Life Imprisonment..

19/20

I hereby end my FIRST part of critical analysis of 11 Convicts released by Gujarat Govt..

In next thread, I will critically analyse and expose politics behind the current high decibel campaign against the release of 11 convicts in #BilkisBanu case..

20/20