Bilkis Bano Case | Do the culprits have the fundamental right to apologize? , SC asked

Bilkis Bano Case | Do the culprits have the fundamental right to apologize? , SC asked

While hearing petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case, the Supreme Court asked whether the convicts have a fundamental right to apologise.

A bench of Justices BV Nagarathna and Ujjal Bhuyan questioned whether an Article 32 petition (filed for the enforcement of fundamental rights) could be filed by convicts seeking remission.

During the hearing, the bench asked the lawyer of one of the convicts whether the right to seek pardon is a fundamental right (of the convicts). Will any petition be under Article 32 of the Constitution. The lawyer replied, no, this is not the fundamental right of the convicts. Victims have other statutory rights to challenge the granting of immunity.

At the same time, the bench took exception to a lawyer's contention that an accused cannot be challenged by any court, including the Supreme Court, after he has been convicted "rightly or wrongly" and has served his sentence before being granted pardon.

The bench asked the lawyer what it was, right or wrong. The lawyer said he just wanted to say that the convicts have already served more than 15 years of imprisonment.

"Once I am released, my liberty cannot be affected. There cannot be any fundamental right against a fundamental right. They are now seeking to curtail my fundamental right to liberty, it cannot be done under 32, lordships. Even under CrPC (Criminal Procedure Code), victims and complainants have limited role. Once sentence has been passed, the role of the victim ceases," the counsel said.

The arguments on behalf of the convicts in this case were completed on Wednesday and the court will hear the counter arguments of Bilkis Bano's lawyer and others on October 4.

 

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