Bilkis Bano Case : 'Gujarat Govt Has No Jurisdiction To Grant Remission' - Rebecca John Aug 19, 2022 https://www.youtube.com/watch?v=L2tVdPiHJVQ
Advocate Rebecca M John discusses the legality of the remission granted to 11 convicts in the Bilkis Bano case. ..The most important point, understandably, made is that the Supreme Court in its May 22 judgement had erred in forwarding the application for remission to the government of Gujarat instead of the government of Maharashtra where the trial had been conducted - in two stages, culminating in conviction.
This is clearly a breach of a judgement given by a constitution (i.e., most likely, five-judge or even larger) bench clarifying the issue - upholding the earlier judgements of the Supreme Court and endorsing the precedences.
The other two points made are that seeking the view of judge presiding over the trial court and also that of the prosecuting agency is mandatory.
While it's not known whether these two requirements have been met, the concerned judge has opted to go public criticising the premature release.
Comments Saleem Hashmi
Apart from technical aspects of law , common sense in other words wisdom says the right of remission/ pardon is the domain of victim/ victim family , because they are the sufferer of crime and bearing the pain . Government and justice system only vehicles of delivering verdict and execution of cases . They can only execute , if any request of remission/ pardon is recieved from the victim / victim family , because they are main object and objective of the case on which justice system revolves . Government and justice system rationally not authorised to bring changes in orignal verdict of the case with out the concent of victim /victim's family .
Kaleb J Justice must not only be done, but must also be seen to be done”. The judiciary and executive yet again slacked in their duty.
This action by the Gujarat govt to release these monsters is a direct slap on social justice in India. It has been evident ever since the case came up to the Gujarat High court in the first place.
1) Gujarat High court dismisses stating "lack of evidence" and thankfully the NHRC stepped in with the help of SC and the case was taken up by the Bombay High court.
2) The Gujarat state govt had tampered in the case (Police personnel and Doctors) and the case was given to CBI
After verdict and conviction and all these years, the ball is back in the court of the Gujarat Govt? What would u expect they'd do?
This is outright deliberate in intent! If this case goes to court, the focus will be on the "Arbitrary" nature of the decision taken by the State executive, i.e., the committee constituted by the State govt to release such pathetic low-lives out!
Where is justice in this country?? What kind of message is being sent to the society?? Can't believe polarisation in politics is above basic human courtesy and ethics. Not enough that our leaders shout slogans of Nari Shakti and Beti bachao on independence day, if ur mouths are zipped at times like this when ur hands carry out such injustice in the name of remission.
Remission Granted To 11 Convicts In Bilkis Bano Case Challenged Before Supreme Court https://www.livelaw.in/top-stories/remission-granted-in-bilkis-bano-case-challenged-before-supreme-court-207223
In May 2022, the Supreme Court had held that Gujarat Government was the appropriate government to consider the remission in the case and directed that Gujarat Government was the appropriate government to consider the remission in the case and directed that the remission applications be decided within 2 months.