NEW DELHI: In a giant blow to the Gujarat authorities, the Supreme Court on Monday overturned its order granting remission to 11 convicts concerned within the heinous gangrape and homicide of Bilkis Bano’s household throughout 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 move such orders.
Abuse Of Power 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 power.” 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 Facts By Convicts: SCÂ
The Supreme Court asserted that the convicts had not approached the court docket with clear fingers, mentioning that the proceedings have been initiated because of the “suppression of facts.” The bench labelled the whole course of as a “fraud played on this court” and emphasised that the orders have been obtained by enjoying fraud on the court docket and suppressing materials information.
Legal Options For Convicts Now
After the Supreme Court’s verdict, the convicts within the Bilkis Bano case nonetheless have some authorized choices to discover. They can file a overview petition within the Supreme Court inside 30 days, difficult the choice. Additionally, after serving a while in jail, the convicts could search mercy by submitting a pardon utility. However, this may necessitate interesting to the Maharashtra authorities, the suitable authority for such requests.
Right To Seek A Review Under Article 137 Of Constitution
Article 137 of the Constitution grants people the best to hunt a overview of outdated judgments or orders.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 Review: Presenting New Evidence
Review petitions may be filed on grounds resembling the invention of recent proof that was not introduced throughout the preliminary listening to. The court docket will assess the admissibility of any new info and decide whether or not it warrants a overview.
The Tragic Bilkis Bano Case
In March 2002, throughout 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, underneath the remission coverage prevailing in Gujarat on the time of their 2008 conviction. The Supreme Court’s latest resolution has reignited authorized discussions surrounding this tragic case.
