Thread by @barandbench

[Bilkis Bano case]

Supreme Court hearing 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

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Bench of Justices KM Joseph and BV Nagarathna go through how matter came before present bench.

Counsel for convicts seeks more time to reply.

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ASG SV Raju for Centre and Gujarat: We are on the same page.

SC: Are you ready to argue today? It is about the policy and principle. Law is settled.

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Counsel: Let the review file be tagged with this matter.

ASG: Let the Pleadings be complete. Only seek a short date.

Sr Adv Kapil Sibal: It will take forever. Why are you saying away from saying you do not want this bench?

Bench discusses

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Justice Nagarathna: We are also concious of the strategy that matter may be dragged to atleast December by the accused. They will say not served and seek 4 weeks, next hearing another accused will say.

Counsel: No amended plea for impleadment filed.

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ASG: Fixed date may be given.

Counsel for a convict: By rules i need 30 days. Documents run into 1100 pages.

Sr Adv Abhishek Singhvi: They were not born today.

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Adv Vrinda Grover: It is very easy to scroll through the compilation. It is repetitive. Let us not say voluminous.

Counsel for convict: I need time.

SC: Legal issues have to be formulated.

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Adv Shobha Gupta: See the gravity of the offence.

ASG: Translation of some documents in progress.

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SC discusses Apurva Sudhakar case.

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SC: When it comes to how the power (of remission) was exercised ...

Sr Adv Sidharth Luthra: 3 issues. Two sets of petitions. One by the victim herself which this Court is entitled to hear. There is a review. They have bypassed the curative process. Those are things to be… twitter.com/i/web/status/1…

SC: The review is about who is the appropriate government. We are on the exercise of the power by the government.

Luthra: Consequence of curative being decided in their favour will be it does to the other govt. Now they are trying to also contest some findings by the two judges.… twitter.com/i/web/status/1…

SC: if the other issues can be decided, then the (Article) 32 petition lies.

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Adv Shobha Gupta: 2 judge order was with respect to one convict.

Luthra: So far as the victim's Petition is concerned, the others will not lie. Let us focus on what is at hand.

SC: Locus standii issue is concluded. Writ petition lies. What is the basis you have exercised your… twitter.com/i/web/status/1…

SC to ASG: If Union has concurred, it does not mean you do not have to individually apply your mind. No State can escape the contours of the law.

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SC: For us if you say you will not give us reasons and produce files ... We will be free to draw our own conclusions.

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SC: Life is life, irrespective of how many years you were behind bars. It is only after the final 432 order comes that the issue is decided. Today it is her tomorrow it can be someone else. What is the problem in showing us (the files) today? You are in contempt for not producing… twitter.com/i/web/status/1…

Sibal: They can produce the files in a sealed cover maybe.

ASG: Many documents require translation. Only seek time.

Adv Vrinda Grover: This is surprising. Gujarat govt has already replied.

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SC: The way the offence was committed is horrendous. See, more than 1000 days each they have gotten parole. One man 1500 days.

Sibal: They were obviously on a holiday.

SC: It has been counted as part of ... Which policy were you directed to follow?

ASG: 1992.

Advocates Grover and Sibal: They were given warnings.

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SC: Crimes are generally committed against society, and the community. So when you give remission ... We are only going by Wednesbury (principle). You cannot compare the victim's plight with standard 302 (murder) cases. Unequals cannot be treated equally.

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Sr Adv Abhishek Singhvi points out note by an SP and special judge objecting to the remission.

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Singhvi: Families of victims have received threats from the convicts when out on parole. This is on record.

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SC discusses keeping case on Monday for directions on Centre's review.

Sr Adv Luthra reiterates that only Bano's plea should be considered, accussed have spent 15 years in custody.

Justice Joseph: 1500 days on parole? Is that even available to an ordinary citizen?

Luthra: One is normal parole for a month. Other is this court said during covid… twitter.com/i/web/status/1…

Luthra: I am sorry but saying that because it is gruesome crime i should spend more time is contrary to law.

SC to ASG: Is is not conflict that you are appearing for both Centre and Gujarat?

ASG: Only today morning I saw. SG is also appearing.

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Order: By order dated 27.03.2023, this court issued notice on the writ petition. By said order we had also issued notice in all connected matters, we had impleaded the Union. Mr SV Raju appearing for Gujarat states that the Centre and State may be filing review of said order… twitter.com/i/web/status/1…

Order: Other respondents seek time to file counter affidavit.

List on May 2 at 2pm for final disposal.

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SC: Should we post it or?

ASG: I will need to apply my mind.

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Luthra: Do we have to reply in just the main Petition or all of them? Just thinking aloud.

SC: Going by Epuru Sudhakar... We do not have to go by locus at all.

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