Thread by @LiveLawIndia

#SupremeCourt to hear a batch of petitions challenging the Gujarat government's decision to prematurely release 11 life convicts in the #BilkisBano case. A bench comprising Justices KM Joseph and BV Nagarathna is hearing the matter.

#SupremeCourtofIndia

The bench is hearing another matter now, which is to continue after lunch.

Joseph J (before rising): At 2, we also have that matter (referring to the plea by #BilkisBano). But, we will continue with this current matter, & see how the board holds up.

#SupremeCourtofIndia

The bench of Justices KM Joseph & BV Nagarathna has re-assembled. Counsel seeks time to file response to Bilkis Bano's plea.

Adv Shobha Gupta: We have served all AoRs by mail & hard copy also.

Sr Adv AM Singhvi: Everytime someone seeks a date!

#SupremeCourtofIndia #BilkisBano

Counsel: We need sufficient time to respond. Those who have not been served...

Another counsel: Learned SG is before the Constitution Bench hearing the same-sex marriage pleas. ASG also unavailable. Please consider.

#SupremeCourtofIndia #BilkisBano

Adv Shobha Gupta: As far as volume of records, I have filed nothing new...only affidavits by state of Gujarat & the Bombay HC.

Joseph J: Yes, but they have the liberty...

#SupremeCourtofIndia #BilkisBano

Adv Shobha Gupta: Let me finish the facts of the case and the judgement of Bombay HC. That part I can do today.

Counsel opposes: Your Lordships, let the pleadings be completed first. Short date may be given.

#SupremeCourtofIndia #BilkisBano

BV Nagarathna J: Every time there is a hearing, one accused will come to this court & seek adjournment. Four weeks later, another accused will do the same & this will go on till December. We are aware of this strategy as well.

#SupremeCourtofIndia #BilkisBano

Bench informed that respondents were served not long ago, docs are voluminous, counsel have to seek instructions. "Resps will be affected by court's order, should be given time."

Joseph J: We will give time. Let's see what this is all about.

#SupremeCourtofIndia #BilkisBano

KM Joseph J: The law has been laid down in Venkata Reddy's case whose remission on account of him being a 'good Congressman' was set aside. Very high yardstick, even though power exists. Reasons must also be given.

#SupremeCourtofIndia #BilkisBano

Bench discusses maintainability of Art 32 petition.

Sr Adv Sidharth Luthra: We will address this court with respect to Art 32.

KM Joseph J: The question is whether govt applied its mind, what material formed the basis of its decision, etc.

#SupremeCourtofIndia #BilkisBano

Joseph J: Law is clear. Just because union has approved does not mean state not required to apply mind. If you don't give us reason, we will draw our own conclusions.

ASG SV Raju: Not saying that, let me apply my mind. Will come back next week.

#SupremeCourtofIndia #BilkisBano

Joseph J: Order requiring convicts to be in jail for rest of their natural life...released by executive order...Today it is this lady. Tomorrow, it can be you or me. There must be objective standards.

Nagarathna: Better if you produce the files.

#SupremeCourtofIndia #BilkisBano

ASG: We are claiming privilege, those are my instructions. If you direct us, we will be bound to produce the files. But, a lot of docs in Gujarati...need to be translated.

Sr Adv Kapil Sibal (interjects): Maybe they can produce in sealed cover?

#SupremeCourtofIndia #BilkisBano

KM Joseph J, looking at records: 1100 days of parole...1200 days, virtually 3 yrs...1000 days....1400 days...(keeps reading) What policy have you been following?

ASG: Policy of 1992.

#SupremeCourtofIndia #BilkisBano

Joseph J: Apples & oranges can't be compared. You can't compare someone who has committed murder with this...

Singhvi: Barbaric offence...while on parole, there were complaints against them. Gujarat govt has also not given reasons.

#SupremeCourtofIndia #BilkisBano

ASG SV Raju tells bench, "With respect to review, we will take a call on whether to file one by Monday."

Joseph J: Let's list this on Mon. You will have filed the review, if at all, we can take a decision on whether to accept & continue hearing.

#SupremeCourtofIndia #BilkisBano

Sidharth Luthra: Your Lordships have said this is a grave offence, and I appreciate that...But we are also dealing with men who have been in custody for 15 yrs...

Joseph J: Have they been in custody for 15 yrs? More than 1000 days of parole...

#SupremeCourtofIndia #BilkisBano

KM Joseph J begins pronouncing order: Learned Additional Solicitor-General is appearing...For? Union as well as state of Gujarat? Isn't there a conflict of interest?

ASG SV Raju shakes his head.

#SupremeCourtofIndia #BilkisBano

KM Joseph J pronounces: Both union and state of Gujarat proposes to file a review of an order...

(pauses) We have only said 'Be ready with the files', that also you want a review?

ASG SV Raju: We are considering, Your Lordship.

#SupremeCourtofIndia #BilkisBano

Bench of Justices KM Joseph & BV Nagarathna directs the matter to be listed on May 2 at 2 pm. "You have time till May 1 to file your counter-affidavits," Justice Joseph tells the counsel who sought time.

#SupremeCourtofIndia #BilkisBano