Thread by @barandbench

[Bilkis Bano case]

#SupremeCourt will today hear petition filed by Gujarat riots gangrape survivor, #BilkisBano challenging decision of Gujarat government to grant remission to 11 convicts who had gangraped her and murdered her family members during the 2002 Godhra riots… twitter.com/i/web/status/1…

Currently the bench is hearing item 40. The #BilkisBanoCase is at item 46 #SupremeCourtofIndia

Adv Aparna Bhat: i am being led by Sr Adv Kapil Sibal he is appearing virtually

Counsel for Respondent no 8, a convict: I need to file a reply and the stakes which I have in this matter is recognized in this case

Justice Joseph: when was notice issued ?

#BilkisBanoCase… twitter.com/i/web/status/1…

Bhat: formal notice not yet..

Adv Vrinda Grover: their matter is new.. in ours notice was issued.. counter filed by Gujarat and rejoinder also filed. pleadings complete

Sibal: yes the pleadings complete.

Counsel from respondent side: apart from victim bilkis bano, all other… twitter.com/i/web/status/1…

Sibal: pleadings are complete and we can have arguments

Justice Joseph: what is the broad line of submission that you will take? since power under 432 has been excercised by state of gujarat.. did SC direct Gujarat to take a decision?

Adv Shobha Gupta: on May 13, 2022... the… twitter.com/i/web/status/1…

SG Tushar Mehta: i have to be in court 1

Justice Joseph: please go.. it is ok

SG: But will you hear it today?

Justice Joseph: we need to see the gamut of issues.. you need to help us draw the framework in which we have to consider this issue

Sr Adv Kapil Sibal: please see section 435 of the CrPC

Adv Shobha Gupta: in May 2022 case...

Adv Rishi Malhotra: State of Gujarat and Union was party in my remission case

Justice Joseph: victim was heard?

Malhotra: victim was not needed to be heard since it was my remission… twitter.com/i/web/status/1…

Adv Gupta reads the factual matrix of the case

#BilkisBanoCase #SupremeCourtOfIndia

Justice Joseph: what happened to the review?

Adv Gupta: it was dismissed... curative is in process

#BilkisBanoCase #SupremeCourtOfIndia

Gupta: the jurisdiction with the state here was Maharashtra and not gujarat. Here please look at the impact of the crime on the society... 8 minors were there in the crimes committed in this case

Adv Vrinda Grover: as per section 432 crpc sub section 2... the presiding judge of… twitter.com/i/web/status/1…

Grover: there is a substantive default sentence as well involved.

SC: what is their criminal background..

Grover: while on parole the convicts have also been charged for molestation..

Convict counsel: we need to give time to file replies..

Grover: pregnant woman was gang… twitter.com/i/web/status/1…

Justice BV Nagarathna: What about the remission.. apart from jurisdiction... is remission based on the policy?

Grover: 1992.. but there is a 2014 one also and it can be seen remission was against both the central and state remission policy

Malhotra: this court had held that… twitter.com/i/web/status/1…

Justice Joseph: what about the state of Gujarat exercising the power without having the jurisdiction to do so? or just with the cloak of power? has the court held that it can act without jurisdiction? look at the Antulay case and how there was no jurisdiction and can SC cloak the… twitter.com/i/web/status/1…

Malhotra: the straight answer is the Rupa Ashok Hurrah case..

Justice Joseph: in light of the appropriate govt used in section.. one is Union of India and the other is state of Gujarat. appropriate govt is defined... these are the issues which you can propose to answer... and… twitter.com/i/web/status/1…

Justice Joseph: this was a heinous offence and for murder cases convicts are languishing in jails without remission. so is this a case where the standards have been adopted uniformly in other cases also..

Malhotra: they have a detailed advisory board and they have wide variety… twitter.com/i/web/status/1…

Justice Joseph: we are only on legal and law and nothing to do with emotions.

Malhotra: here everything happened in Gujarat on trial stage and it was transferred to Maharashtra for disposal. for premature release my client was going back and forth from Maharashtra and Gujarat.… twitter.com/i/web/status/1…

Sr Adv AM Singhvi: under section 432(2) this court asks and gives weight to the opinion of the judge who has convicted.. please see what the judge wrote.. no weight given to him. the post release conduct has death threat to victim which has been brushed aside by the prosecution.… twitter.com/i/web/status/1…

Sibal: here on public interest petitions... we are saying grounds of remission is alien to the statute and on this ground PIL will lie and we are not seeking prosecution. This court has to now lay down the broad contours of granting remission. this is not an ordinary case...… twitter.com/i/web/status/1…

Justice Joseph: notice has to be issued on the plea by the victim.

Justice Nagarathna: since notice is being issued it has to be issued in all the petitions now

#BilkisBanoCase #SupremeCourtOfIndia

Justice Joseph: Issue notice on the plea by Bilkis Bano to the state of Gujarat to Union of India. Adv Rishi Malhotra takes notice for convict no 3.

Justice Joseph: pleadings to be completed before the next date of the posting. Union and State of Gujarat to be ready with files relating to grant of remission before the next date of hearing.

#BilkisBanoCase #SupremeCourtOfIndia

Justice Joseph: Issue notice on all other public interest petitions as well.

#BilkisBanoCase #SupremeCourtOfIndia

Matter to be heard on April 18, 2023. 2 PM
#BilkisBanoCase #SupremeCourtOfIndia