Updated January 8th, 2024 at 10:52 IST
LIVE | State of Gujarat not competent to pass remission order: SC in Bilkis Bano case
The 11 convicts in Bilkis Bano gangrape case were granted remission on August 15, 2022 by the then-Gujarat government.
Bilkis Bano Case: The Supreme Court has begun pronouncing its judgement on Monday, January 8, regarding the remission of convicts in Bilkis Bano gangrape case. Supreme court holds that Bilkis Bano's petition challenging the remission is maintainable.
- Supreme court holds that state of Gujarat was not competent to pass the remission orders in the Bilkis Bano case."On this ground alone (that Gujarat government lacked competence), the writ petitions are liable to be allowed and the orders are liable to be declared as nullity. But the matter does not end there. Reliance was placed on earlier judgment which directed Gujarat govt to consider," said Justice B.V. Nagarathna.
- Justice B.V. Nagarathna, while pronouncing the verdict raised 3 points:
- Whether the petition filed by victim under art 32 maintainable
- Whether pils assailing the remission order maintainable.
- Whether the gujarat govt was competent to pass the remission orders
- Justice B.V. Nagarathna said, “Plato states punishment is not for vengeance but for reformation. Curative theory likens punishment to medicine, if a criminal is curable, he should be set free. This forms the heart of reformative theory." However, the Justice emphasised the victim's rights are also important.
What is the Bilkis Bano case?
A bench headed by Justice B.V. Nagarathna is pronouncing the judgement on a slew of petitions challenging Gujarat Government's decision to prematurely release 11 men sentenced to life for the gang rape of Bilks Bano and murder of her seven family members during the 2002 Gujarat riots which broke out after the Godhra train-burning incident. The 11 convicts were granted remission on August 15, 2022 by the then-Gujarat government.
(This is a live copy)
Published January 8th, 2024 at 07:42 IST