Thread by @barandbench

{BILKIS BANO CASE}

#SupremeCourt to shortly hear the plea challenging the decision of the Gujarat government to grant remission to 11 convicts who had gangraped Bilkis Bano and murdered her family members during the 2002 #GujaratRiots

The three-judge bench to assemble now

#BilkisBano #Remission #SupremeCourt

Sr Adv Kapil Sibal; please see the petition...large number of lives were lost in communal riots..even in Limkheda village of Dahod district. Arson looting and violence took place. Bano and Shamin with others were escaping.. shamim delivered a child..

#BilkisBano #Remission

Sibal: when the group of 25 people saw the prosecutrix and others escape.. they said musalmaano ko maaro. 3 year old child head was smashed to the ground, pregnant was raped. what is judicial review in context of remission.

#BilkisBano #Remission #SupremeCourt

Justice Ajay Rastogi: the question is under Gujarat rules are the convicts entitled for remission or not?

#BilkisBano #Remission #SupremeCourt

Justice Rastogi: we have to see whether there was application of mind in this case while granting remission. Are you saying remission cannot be granted?

Sibal : we only want to see if application of mind was there..

#BilkisBano #Remission #SupremeCourt

CJI: I am not party to the judgment earlier. I have seen somewhere that court has granted permission to release the people.

#BilkisBano #Remission #SupremeCourt

Respondent: these are all third parties and when adverse orders are to be passed we are not made a party..

CJI: There is a policy decision..

Justice Rastogi: there is a statute by govt of India

CJI: We are issuing notice.

Counsel for accused: we can be re arrested and we are not a party to the case. prayer is against us

CJI: Why have you not made them a party

Sibal: we are assailing state decision. ok we will implead them

CJI: Issue notice. File your reply. We direct the 11 convicts to be impleaded in the case

#BilkisBano #Remission #SupremeCourt

Matter ends
#BilkisBano #Remission #SupremeCourt