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Bilkis case: ‘Convicts didn’t tell SC that HC had junked similar pleas’ | India News


NEW DELHI: Rape survivor Bilkis Bano on Wednesday asked the Supreme Court to open a hearing on her plea to review SC’s May 13 verdict allowing Gujarat examines pleas for pardon from 11 cohabitants, multiple gang rapes and 14 murders during that time. 2002 community riots in the state, and filed an appeal against the BJP-administered state’s decision to “arbitrarily and inappropriately” release convicts by reducing the remainder. of life sentences for them.
In front of the benches of Chief Justice DY Chandrachud and Justice PS Narasimha, lawyer Shobha Gupta requested an urgent hearing on two of Bilkis’ lawsuits. The CJI said, “Previous petitions (submitted by Subhasini Ali and others) challenging the pardon and release of convicts are pending in front of a bench held by Justice Ajay Rastogi head. I will see if both these petitions (reviewed and written by Bilkis) can be listed in front of the same bench. I will pass the appropriate orders.”
In her plea, Bilkis also said that the proper authority to review requests for a reduced sentence in her case should have been the government of Maharashtra.
Responding to previous petitions challenging the release of rescuers in the case of Bilkis Bano, the Gujarat government told the high court that on June 28, it had sought the approval of the Center for its proposal to reduce sentences for survivors. Approval was granted on 11 July. The State, exercising its powers under the 1992 Rule, on 10 August sentenced the convicts on the grounds that they had spent more than 14 years in prison. .
Importantly, the state government acknowledged that the offer of amnesty was opposed by both the judge of the first instance court in Mumbai, where the trial was transferred from Gujarat at the behest of the SC, and the CBI prosecutor on the grounds convicts do not deserve pardon because they have committed horribly heinous crimes.
Bilkis, in both of his pleas, recounted the 2002 incident as “one of the most terrible and heinous crimes including the numerous gang rapes of a five-month-pregnant woman (Bilkis), the murdered and raped her mother, gang raped and murdered her cousin, who was frail, just two days old, brutally murdered 8 minors, including a 2-day-old girl is her cousin’s daughter, 3 and a half years old (her first child) by smashing her head on a rock, her two younger siblings, other relatives – ‘phupha’ , ‘phuphi’, her ‘mama’, three cousins.”
Bilkis said she survived the heinous, gruesome and macabre crime “only because she lost consciousness after the sexual assault and the accused (now convicted prisoners on early release) considered her as dead”.
She said the SC bench headed by Justice Rastogi erred in ruling on May 13 that Gujarat and not Maharashtra was the proper government under Section 432 of the Criminal Procedure Code to allow pardons. . She said the SC in many judgments, including those handed down by the constitutional benches, had ruled that the state, where the trial took place, was the proper authority to consider the application for a reduction. court, which in this case should have been the competent authority. Government of Maharashtra.
Bilkis said convicts who approached SC for a quick review of their pardon pleas concealed the fact that Gujarat HC had twice rejected similar pleas, first on July 17, 2019 and then on March 13, 2020, while keeping Maharashtra that will be the appropriate authority to consider their pleas for absolution.
She said she was not given a party in front of SC by convicts and therefore was unaware of SC directing the Gujarat government to review their pardon application within two months. She said the state government also did not consult her nor provide her with any documents related to the exemption, thus depriving her of the opportunity to question the decision. of SC on an earlier date.
Expressing gratitude to Subhasini Ali and others for supporting her cause and challenging the release of those sentenced to life in prison, Bilkis said she can apply for review and write a petition after receiving relevant documents from public spirits.
“The mass release of those convicted in the much-talked-about Bilkis Bano case has shaken the conscience of society and led to a number of incitements across the country,” she said.

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