Thread by @LiveLawIndia

#SupremeCourt to hear at 2 PM today the petition challenging the premature release of the life convicts in the Bilkis Bano case for gang rape and murders during the 2002 Gujarat riots.

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Bench of Justices KM Joseph & BV Nagarathna had earlier clarified that the matter would be taken up to ascertain service of notice, & the hearing would resume only after #SupremeCourt reopens on July 3.

#SupremeCourtofIndia #BilkisBano

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Bench of Justices KM Joseph & BV Nagarathna has reassembled after lunch, Adv Shobha Gupta (for Bilkis Bano) takes court through affidavit on service of notice.

Joseph J: What do you say? (to SG) Was there non-cooperation by Gujarat police?

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Gupta: No, police cooperated. But despite best efforts of police, notice could not be served. Respondent not at home, phone switched off, relatives say they have no idea...The whole world knows this case is going on.

#SupremeCourtofIndia #BilkisBano

Gupta: I would be beseeching this court...since police has also failed according to their statement...Let respondents report every week to police station. Kindly invoke Order 53, let warrants of arrest be issued.

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Joseph J: What is the other method? Paper publication. (Gupta protests)

Joseph J: What does SC Registry say?

Gupta: Could not be [inaudible].

Joseph J: He is holding up the entire proceeding.

#SupremeCourtofIndia #BilkisBano

Nagarathna J: SC records show 'delivered'.

Joseph J: He is obviously aware. His counsel is appearing in the other matter. Are you prepared to accept notice? (to counsel)

Counsel: Local counsel in America...I have no instructions. Not in touch.

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Amanullah J: It says delivered in Aug...9 months!

Gupta: My respectful submission is service is complete. SC has come down heavily on lawyers who refuse to take responsibility...name holders.

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Counsel interjects.

Bench: Who are you?

Counsel: Appearing for another respondent in connected matter. As officer of court, I must say, Sections 64 & 65 of CrPC will not come here. Not a criminal appeal but a writ petition.

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Counsel: Service report is saying...prepared by SC...is not complete.

Nagarathna J: It's complete.

Counsel: There is some contradiction.

Amanullah J: NO. No contradiction. These are our records. This rule won't stand in our way.

#SupremeCourtofIndia #BilkisBano

Bench and counsel discuss.

Joseph J: We have power under Article 142...At the same time, we should see that the man...

SG: You have wide powers under Art 32. In principal, this court should not be limited by these procedural [barriers].

#SupremeCourtofIndia #BilkisBano

Bench discusses.

Gupta: Affixation of doc in ordinary place of residence sufficient.

Joseph J: Is this a criminal proceedings?

Gupta: Yes.

Grover: Writ petition criminal will have lower threshold, not like accused whose appeal is pending.

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Gupta urges bench to serve notice through counsel appearing for absconding respondent in connected matter.

Joseph J: We cannot compel the counsel to appear for him. We want to do it properly...They will claim legal rights.

#SupremeCourtofIndia #BilkisBano

Joseph J: Mr Luthra, what do you think as an officer of the court?

Sr Adv Sidharth Luthra (for anr respondent): Only capacity in which I serve...Maybe paper publication could be done. Then, this matter should be heard in July after the vacation.

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Joseph J instructs Gupta to arrange for public notice to be issued.

"In any case, this will be heard in July. You have time. Why do you want to give opportunities for procedural grounds to be raised later? Everything should be done properly."

#SupremeCourtofIndia #BilkisBano

Joseph J: R9 remains unserved, that's what we wanted to confirm.

Gupta: This is certainly a deemed service. It has been pasted on his home. Please accept my submission that service is complete.

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Joseph J pronounces order, "...Ld SG after having read contents of statement of police sub-inspector in Gujarati, says that this may be a case where S65 of CrPC is resorted to."

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Joseph J directs fresh service & publication of public notice to ensure that on next date of hearing, it cannot be argued that service is left incomplete.

"Notice to be published in 1 English newspaper & 1 vernacular in circulation in area."

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Nagarathna J: SG can help us. What are some newspapers?

SG: Gujarat Samachar, Sandesh, Dainik Bhaskar...Three at par.

ASG: Sandesh better for [rural] area.

Joseph J: Okay, Sandesh. English?

Counsel: Times of India.

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Joseph J: Putting this on July 11. Paper publication only with respect to the ninth respondent.

Gupta: But, service is complete on him.

Amanullah J: You want to spend another 2 hrs discussing whether service is complete? Finish formalities.

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Corrigendum: Justice Ahsanuddin Amanullah was also part of the three-judge bench.