April 15, 2024

The Supreme Court docket whereas listening to the petitions difficult the untimely launch of the 11 convicts within the Bilkis Bano rape case clarified that the reintegration of the accused within the society is a constitutional proper.

Picture supply: Tribune India

 The Supreme Court docket famous on Thursday that an accused particular person’s reintegration into society is a constitutional proper. The court docket made the remarks because it thought of a lot of petitions objecting to the early launch of 11 convicts within the Bilkis Bano rape case.

A lot of appeals have been being heard in opposition to the Gujarat authorities’s resolution to scale back the life sentences of 11 convicts who had been convicted of a number of murders and violent sexual assaults dedicated in the course of the Gujarat communal riots of 2002. The court docket’s bench of Justices BV Nagarathna and Ujjal Bhuyan was listening to the circumstances. The convicts’ utility for remission of the sentence was accredited by the state administration, and on Independence Day of final yr, they have been launched from custody.

Re-integration of convicts in society is a constitutional right, says SC - Asiana Times
Picture supply: Telegraph India Gujarat riots in 2002

Thus, when your complete India was celebrating Independence Day, Bilkis Bano(41) misplaced her case to the state. 

TIMELINE OF THE ‘BILKIS BANO CASE ‘

  • March 2002- A violent mob stormed into Bano’s home, killing seven members of the family and gang-raped 21-year-old Bano.
  • 2002-2003- Native police refuse to register her case, Bano approached the NHRC
  • January 2004- CBI arrested all of the suspects 
  • August 2004- HC determined to maneuver the case to Mumbai after Bano Raised her considerations about potential proof tampering
  • January 2008- 13 have been discovered responsible, with 11 of them receiving life sentence
  • July 2011- CBI petitioned the Bombay Excessive Court docket to hold the convicts
  • Might 2017- Bombay HC confirms life sentence of 11
  • August 15, 2022- All convicts have been launched from Godhra sub-jail below the Gujarat authorities diversion coverage

SUPREME COURT’S LATEST DECISION BANO’S CASE

The highest court docket’s bench, presided over by Justice BV Nagarathna, famous in the course of the listening to that the remission granted by Articles 161 and 72 of the Structure is a statutory entitlement.

Within the latest listening to, Senior Advocate Guru Krishna Kumar who appeared for a convict argued that the matter ought to keep within the Gujarat Excessive Court docket or else the convicts would lose an avenue of attraction. 

“CONVICTS COMMITTED CRIMES EVEN ON PAROLE”

Senior lawyer Vrinda Grover claimed that the remission orders have been arbitrary and that the offenders had continued to perpetrate crimes in opposition to girls whereas on parole.

Re-integration of convicts in society is a constitutional right, says SC - Asiana Times
Picture supply: Scroll

Senior Advocate Indira Jaising countered by saying that the state was obliged to bear in mind the constitutional morality aside from its remission coverage. In different phrases, the state of Gujarat granted remission to convicts as an alternative of defending the rights of girls and youngsters. 

Moreover, Jaising mentioned that the coverage is silent relating to the sort of offenses for which remission needs to be awarded and {that a} full absence coverage is in existence.

The matter is claimed to be subsequent heard on August 17 at 2 pm.