NEW DELHI: In an enormous blow to the Gujarat authorities, the Supreme Courtroom on Monday overturned its order granting remission to 11 convicts concerned within the heinous gangrape and homicide of Bilkis Bano’s household through the 2002 Godhra riots. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, declared the remission ”null and void”, emphasizing that the Gujarat authorities lacked the authority to cross such orders.
Abuse Of Energy By Gujarat Govt: SC
The apex court docket criticized the Gujarat authorities for usurping the powers of the Maharashtra authorities, stating that the remission order was a results of “usurpation and abuse of energy.” The bench highlighted that the federal government’s actions have been a violation of the rule of regulation and questioned why no overview petition was filed by Gujarat, emphasizing that it was not the suitable authorities to resolve on the remission.
Fraud, Suppression Of Details By Convicts: SC
The Supreme Courtroom asserted that the convicts had not approached the court docket with clear palms, declaring that the proceedings have been initiated as a result of “suppression of info.” The bench labelled your complete course of as a “fraud performed on this court docket” and emphasised that the orders have been obtained by taking part in fraud on the court docket and suppressing materials info.
Authorized Choices For Convicts Now
After the Supreme Courtroom’s verdict, the convicts within the Bilkis Bano case nonetheless have some authorized choices to discover. They’ll file a overview petition within the Supreme Courtroom inside 30 days, difficult the choice. Moreover, after serving a while in jail, the convicts might search mercy by submitting a pardon software. Nevertheless, this could necessitate interesting to the Maharashtra authorities, the suitable authority for such requests.
Proper To Search A Overview Below Article 137 Of Structure
Article 137 of the Structure grants people the precise to hunt a overview of previous judgments or orders. The convicts can make the most of this provision by submitting a overview petition inside 30 days of the court docket’s resolution. The bench that delivered the unique order can be the one to entertain the overview plea.
Grounds For Overview: Presenting New Proof
Overview petitions will be filed on grounds equivalent to the invention of latest proof that was not offered through the preliminary listening to. The court docket will assess the admissibility of any new data and decide whether or not it warrants a overview.
The Tragic Bilkis Bano Case
In March 2002, through the post-Godhra riots, Bilkis Bano endured a brutal gangrape and witnessed the homicide of 14 members of the family, together with her three-year-old daughter. The convicts, sentenced to life imprisonment, have been launched on August 15, 2022, below the remission coverage prevailing in Gujarat on the time of their 2008 conviction. The Supreme Courtroom’s latest resolution has reignited authorized discussions surrounding this tragic case.
