Thread by @LiveLawIndia

#SupremeCourt to hear today a batch of petitions challenging the premature release of convicts in the #BilkisBano case.

A bench comprising Justices KM Joseph and BV Nagarathna will hear the matter.
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Supreme Court to hear in a short while the petitions challenging the remission granted in #BilkisBano case.

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Matter taken.

Counsel for one of the convicts seeks time to file a response.

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Bench is told that State of Gujarat has filed a response.

Bench examining in which all matters service of notice is complete.

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Sibal tells bench that notice was issued in the first matter on August 25, 2022.

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Justice Joseph to Sibal : If you are ready to argue, you can argue now.

Convict's counsel seeks time.

Justice Joseph : What is the broad line of arguments raised by you?
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Justice Joseph : Was there a direction by this Court that the State of Gujarat will decide the matter?

Bench is informed of last year's order.

Bench seeks to read that order.

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Justice Joseph : Before hearing, we would like to know what is the gamut of issues. So that we know the framework within which we have to consider a moment.

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Justice Joseph asks the convict : Was the victim not made a party in the previous case?

Convict's counsel : Victim is not a necessary party. I made State of Gujarat and Union of India the parties.

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AdvShobha Gupta(for Bilkis Bano) reading out the May 2022 judgment which directed the State of Gujarat to consider the remission.

J Joseph : So State contested that State of Maharashtra has to decide. HC also held that. What happened to the review?

Gupta tells review dismissed

Shobha Gupta : The language of section is clear, the state where the trial is held should be deciding the remission.

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Shobha Gupta : The impact of the crime on the society must be seen. several persons including minors killed, many gangraped.

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Vrinda Grover : The Presiding Judge of the Trial Court said no remission should be granted. The CBI also said that remission should not be given.

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Vrinda Grover : Substantive sentence is on 14 counts of murder and 3 counts of gang-rape. Fine of total 34,000 rupees and in default 34 years. It is undisputed that fine is not paid. So default sentence will come, that has not been served.

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Justice Joseph : How many years each accused spend in jail?

Rishi Malhotra : 15 and a half.

Aparna Bhat : some 10

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Vrinda Grover : While on parole, another case of molestation of a woman was charged against one. This was completely ignored.

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Grover : Gangrape and multiple murders including murder of a 3-month old child. Even a pregnant woman was gangraped.

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Grover : Both the policies of state and Union bars the remission.

Rishi Malhotra (for convicts) : As per judgments of this court, policy at the time of offence must be considered. So 1992 policy will govern.

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Grover : Court did not say you have to grant remission. Only to consider.

Malhotra : My broad objections, the first 6 matters they have to go on the ground of locus standi. They are PILs. Art 32 at the behest of third parties in criminal matters not maintainable.

Malhotra cites a precedent - PILs on criminal matters not maintainable.

Justice Joseph : Forget about all of them. What about the petition filed by the victim herself?

#BilkisBano

Justice Joseph : If Court directs a body without jurisdiction, does that clothe the body with jurisdiction?

Malhotra : State has jurisdiction.

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Justice Joseph : We are just asking. Remember what happened in Antulay's case. If it is a case where palpably there is no jurisdiction, can a direction given by the Court clothe the authority with jurisdiction?

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Malhotra : Straight answer is Rupa Hurra judgment. A writ challenging a judgment is not maintainable.

Justice Joseph : They are not challenging the judgment.

Malhotra : They are.

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Justice Joseph : We are just putting the issues.

Malhotra : Once a review is dismissed, the only remedy is curative petition. Even victim's review was dismissed.

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Justice Joseph : The writ petitions are not filed against the judgment of the Court. They are challenging the State's decision.

Malhotra : They are effectively challenging the judgment.

#BilkisBano

Justice Joseph : It is a horrendous crime.

Malhotra : Of course.

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Malhotra : 15 & a half years they have spent. 14 years is the requirement for the policy. No one raised a hue and cry when they were in jail. And they served the entire sentence. Emotional plea is not a legal plea.

Justice Joseph : We are not going to be overwhelmed by emotions.

Justice Joseph : We have to put in a balance.

Malhotra : This is a trial where everything happened in A State. Only for special purpose trial was transferred to B state. Once this Court say it is for Gujarat to decide...

Justice Joseph asks ASG SV Raju : Who are you for?

ASG : MHA

Justice Joseph : Were you consulted before remission as per 435?

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Petitioner's lawyer says MHA has also approved the remission and the documents suggest the same.

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Senior Adv AM Singhvi : The learned judge who convicted said no remission should be given. No weightage given. And post-release conduct- death threats issued.

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Sibal : The objection on the basis of public interest...this is not a criminal prosecution..we are against the remission granted without application of mind...against the law..what are the contours of discretion..PIL will lie.

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Sibal : Order granting remission violates each of the parameters of discretion. Kindly see the irony. The matter was shifted from Gujarat to Maharashtra. Why was the matter shifted? Because they had no faith in Gujarat police and the same police grants remission.

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Justice Joseph : We can post on April 11.

ASG : May I seek one more week.

Justice Joseph : April 18th at 2 o clock.

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Justice Joseph during the hearing : We have before us many murder cases where convicts are languishing in jails for remission without years. Is this a case where standards have been applied uniformly as in other cases too?

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Bench is seeing in which all matters notice are complete.

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Bench issues notice on the petition of Bilkis Bano.

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Bench directs the pleadings to be completed by the next date of hearing.

State asked to be ready with the relevant files granting remission to the parties on the next date of hearing.

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ASG says there might a technical difficulty as a lawyer appearing for a party in one case cannot be asked to take note for that party in another case without authorization.

Justice Joseph : We did not compel anyone to take notice. We asked everyone if they are taking notice.

Shobha Gupta requests that the victim's case be made the lead case.

Justice Joseph : That will be the lead case.

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