Bilkis Bano Case: petition filed before SC to overturn the commutation of 11 life sentences for gangrape and murder

Bilkis Bano Case: petition filed before SC to overturn the commutation of 11 life sentences for gangrape and murder

On November 30, Bilkis Bano filed a writ petition before the Supreme Court of India, challenging the premature release of the 11 convicts sentenced to life in prison for gang rape and murder during the 2002 Gujarat riots. Bano has also requested a review of the Supreme Court's decision allowing the Gujarat government to decide on the remission of the convicts.

Today, Bano's lawyer, Shobha Gupta, mentioned the petitions before Chief Justice of India DY Chandrachud. She expressed doubt that the bench led by Justice Ajay Rastogi (who authored the previous judgement allowing Gujarat to decide the remission plea) would be able to hear the case because he is now a member of the Constitution Bench.

In May of this year, a Division Bench of Justices Ajay Rastogi and Vikram Nath ruled that under Section 432(7) of the Code of Criminal Procedure (CrPC) 1973, the power to remit sentence is in the hands of the appropriate government, which can be either the central or state government, but there cannot be simultaneous jurisdiction of two state governments.

All eleven convicts were later released on August 15, 2022. Visuals of the released convicts receiving heroic welcomes went viral on social media, sparking outrage from a variety of groups. In this context, a slew of PILs were filed in the Supreme Court, calling into question the relief granted to the convicts. CPI(M) leader Subhashini Ali, journalist Revati Laul, TMC MP Mahua Moitra, former IPS officer Meeran Chadha Borwankar, and a few other former civil servants, as well as the National Federation of Indian Women, were among those who signed the petition.

The victim of the crime has now approached the court, raising concerns about the decision to free the convicts.

 

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