Thread by @LiveLawIndia

#SupremeCourt to heart today the petition challenging the premature release of the life convicts in the Bilkis Bano case for gangrape and murders during the 2002 Gujarat riots.

#BilkisBano #SupremeCourtOfIndia

#SupremeCourt hearing another matter, counsel asks the bench about "special matter fixed at 2" (referring to Bilkis Bano case).

Joseph J: We don't know what will happen there. Might continue this.

Counsel: Alright, we'll wait. We'll be here.

#BilkisBano #SupremeCourtOfIndia

Bench assembles. Justice Joseph tells Adv Shobha Gupta, appearing for Bilkis Bano, "There's one matter. We'll call this immediately after that."

#BilkisBano #SupremeCourtOfIndia

Sr Adv Sidharth Luthra: Your Lordships are proceeding with the victim's matter...

Joseph J: To begin with.

Luthra: Others must go.

Counsel: I have objections to Bano's writ also...will open up Pandora's box.

Joseph J: Let her start.

#BilkisBano #SupremeCourtOfIndia

SG Tushar Mehta: I would request you to decide on other petitions on the ground of locus and dismiss them. Otherwise will set a bad precedent...

Joseph J: Let us hear them first.

Counsel: Victim has played fraud in her affidavit.

#BilkisBano #SupremeCourtOfIndia

Another counsel for respondents alleges that the petitioner has lied and played "fraud on affidavit".

Bench says let the petitioner argue first.

#BilkisBano #SupremeCourtOfIndia

The counsel for respondent is taking objection to the affidavit filed by petitioner which stated that the respondent was out of station at the time of service of notice and sought to declare deemed service.

#BilkisBano #SupremeCourtOfIndia

Respondent's counsel : She has annexed envelope stating that the respondents are out of town...can a fraud be played like this.

Adv Shobha Gupta : I have affidavit of the person who went to serve the notice...

#BilkisBano #SupremeCourtOfIndia

Gupta : I sent the mail to the AoR also....

Justice Nagarathna to counsel : Are you appearing for the same party in the connected case?

#BilkisBano #SupremeCourtOfIndia

Counsel : In her affidavit, she has said that everybody has refused notice. But in the envelope, it is said that he was out of town. Can such a fraud be played be on the court?

#BilkisBano #SupremeCourtOfIndia

Justice Nagarathna : But you are appearing for the same party in the connected matter, you are present in the court, so you will take notice or not?

Counsel : Cognizance should be taken on the fraud played by her.

#BilkisBano #SupremeCourtOfIndia

Senior Adv Siddharth Luthra : What he is saying that the affidavit says service refused but the postal report says that the party was not in station. So there is a discrepancy. This is what he is saying.

#BilkisBano #SupremeCourtOfIndia

Gupta says that there are notings made by the person who effected in service in Gujarati.

Solicitor General reads out the Gujarati portions and says that it reads that the addressee is out of residence.

#BilkisBano #SupremeCourtOfIndia

Gupta says that mails were sent to AoRs who were appearing for the respondents in the connected matters.

Counsel for respondent says bench had not allowed service of notice on counsel in the connected matters.

#BilkisBano #SupremeCourtOfIndia

Justice Nagarathna to counsel : Are you accepting notice or not?

Counsel : I will accept notice, but I will also press that action be taken against her for fraud as per CrPC.

J Joseph : We will not stop hearing. You file your counter.

#BilkisBano #SupremeCourtOfIndia

Justice Joseph : We will record that you have raised a serious allegation. We will start the hearing. We will definitely hear you.

#BilkisBano #SupremeCourtOfIndia

Justice Joseph dictates the order : counsel would submit that a fraud has been played on the court by Adv Shobha Gupta...

Counsel : I did not say by the counsel, by the petitioner....

Justice Joseph : ok.

Counsel given time to file counter. Bench also records that Shobha Gupta… twitter.com/i/web/status/1…

Bench records the allegation of the counsel is that though the respondent was not present in the station and the report is that service could not be served on him due to his absence, it was made to appear that he refused service.

#BilkisBano #SupremeCourtOfIndia

Counsel says that there is another discrepancy.

Adv Gupta : Let him file it in writing what all are the discrepancies. Let me start.

Justice Joseph : The problem is that I am retiring on May 19...

Adv Gupta : I will complete asap.

#BilkisBano #SupremeCourtOfIndia

J Joseph : We have given them two weeks to file counter. So 17th of May is the date on which we can hear.....

#BilkisBano #SupremeCourtOfIndia

Vrinda Grover intervenes to say that the attempt to stall the hearing before Justice Joseph should not be allowed to succeed.
#BilkisBano #SupremeCourtOfIndia

Indira Jaising : Your lordship's term is till July. Hearings can be held in vacations.

#BilkisBano #SupremeCourtOfIndia

Grover : There is only a short law point involved.

J Joseph : Since I am retiring on 16th of June, which happens on vacation, 19th of May is the last working day. My sister is going to conference in Singapore. She will be back on 25th. We are prepared to sit during vacations.

Solicitor General interrupts : Your lordships may hear it now and not hear it during vacations.

Justice Joseph : Can we compel anyone to be present during vacations?

#BilkisBano #SupremeCourtOfIndia

Counsel for respondents : What is the tearing hurry in hearing the matter. They have been out for jail for nearly a year.

#BilkisBano #SupremeCourtOfIndia

Gupta : I will finish today itself. Your lordships may have day to day hearings. Start at 10.30 AM instead of 2 PM.

#BilkisBano #SupremeCourtOfIndia

Counsel for respondents : Notices were issued only in March, and a fresh matter is to be heard now?

Justice Joseph : Don't make me say things. We had made clear that the matter will be heard for disposal. This is not fair to me. You are officers of court not just counsels for… twitter.com/i/web/status/1…

Justice Joseph : We will proceed with the matter.

Counsel for respondent : Much has been said that we we are in the way of justice. Our endeavour is to show the procedure.

J Joseph : Don't shout, this is not a market place.

#BilkisBano #SupremeCourtOfIndia

Justice Joseph : We will start with hearing. Make your effort to conclude before May 19. We offered to sit during vacations. But they were not prepared.

SG : We said not during vacation not just for this matter. For any matter.

#BilkisBano #SupremeCourtOfIndia

Bench notes the appearances for respondents.

#BilkisBano #SupremeCourtOfIndia

Counsel for respondent says that the envelope does not bear the seal of the Supreme Court and hence the refusal of the party to accept it has no bearing.

#BilkisBano #SupremeCourtOfIndia

Bench notes some parties have no appearance.

Justice Joseph : How do we proceed with the matter if the service is not complete?

#BilkisBano #SupremeCourtOfIndia

Gupta requests that the service be ordered through the concerned police station.

#BilkisBano #SupremeCourtOfIndia

Jusitce Joseph : The case first came before this bench on March 27. And we issued notice on that day itself.

Gupta : I filed the petition in November. In December it came before a bench, and one learned judge recused. After that, I mentioned it before Chief at least 5 times.

#SupremeCourt allows service of notice to unserved respondents through the concerned police station.
#BilkisBanoCase

Bench orders the listing of the case after two weeks.

Gupta seeks a listing next date.

Justice Joseph says it is pointless to start hearing without completing service of notice. "One party will seek time, then another, there is a pattern", he says.

Grover mentions that State was asked to produce the records.

SG says that the records will be produced.

Justice Joseph : So you are not claiming privilege.

Bench records the SG's statement that Centre and Gujarat Govt will produce the relevant records.

Bench further records the statement of SG that Centre and Gujarat Govt are not seeking review of the order directing production of records.

#SupremeCourt #BilkisBano

Counsel for respondent repeats the request to the bench to see the envelopes.

Justice Nagarathna : This has been sent from the Supreme Court. Be responsible in making statements. You had the gumption to say...

#SupremeCourt #BilkisBano

Bench says that listing after two weeks is only to ascertain service of notice and will post the matter for hearing after vacations.

#SupremeCourt #BilkisBano

Gupta requests for a date before vacations or during vacations.

#SupremeCourt #BilkisBano