Friday, June 9, 2023

Bilkis Bano gangrape case: Supreme Court rejects plea against Gujarat’s 1992 remission policy for convicts

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The review petition filed by Gujarat riots survivor Bilkis Bano has been dismissed by the Supreme Court on Saturday.

The Apex Court heard a petition filed by Bilkis Bano, challenging the top court order of May 13 judgement, which said that the remission of the convicts who raped her should be considered as per the the policy existing at the time of conviction in the State where crime was committed.

The bench of Justice Ajay Rastogi and Justice Vikram Nath passed the order

Bilkis Bano wasgang raped during the 2002 riots of Gujarat and her three-year-old-daughter was among the twelve people who were killed by a mob in Limkheda taluka of Dahod district in Gujarat.

The petition by Bano’ was gainst the top court order of May 13,which contended that the remission policy of State of Maharashtra should have applied in present case.

The petitioner had said that instead of 1992 remission policy of Gujarat the policy of Maharashtra should have been in place as the trial in the case had happened in Maharashtra.

On May 13, the Apex The Court said that remission of the convicts in the case should be considered as per the the policy existing at the time of conviction in the State where the crime was actually committed.

The judgement came after the petition filed by one of the convicts, Radheshyam Bhagwandas Shah @ Lala Vakil came before the Court seeking direction to the State of Gujarat for considering a premature release under the policy dated July 9, 1992 which was existing at the time of his conviction.

In the verdict on May 13, the Apex COurt had said that the crime was admittedly committed in Gujarat and as per the terms of Section 432(7) CrPC, the appropriate government in the ordinary course would be the Gujarat government.

The court had said that the crime took place in Gujarat so all the further proceedings including plea for remission should be considered as per the Gujarat government policy.

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