Centre, Gujarat Govt To File For Review Of SC Order Seeking...

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Centre, Guj Govt To Challenge SC Order Seeking Submission Of Remission Files

| Updated: April 18, 2023 17:29

The Central government and the Gujarat Government, on Tuesday, expressed their wish to file a review of the Apex Court’s March 27 order seeking “submission of original files related to the remission of 11 convicts.” 

During the last hearing, the SC questioned both governments for not showing the files of the remission. The court observed that the crime was “horrendous. A pregnant woman was gang-raped and several people were killed. You cannot compare victim’s case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally.”

On March 27, the Supreme Court had issued a notice to Centre and Gujarat government on a plea filed by Bilkis Bano challenging the remission of the sentence of 11 convicts in the gang-rape case. The state government today told the Apex court that it will not produce files.

The top court today heard the pleas challenging premature release of the convicts, including that filed by the victim herself and questioned the decision to release the 11 convicts of the Bilkis Bano rape case. 

The bench comprising Justices K.M. Joseph and B.V. Nagarathna said when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest. The top court said just because the Central government has concurred with state’s decision does not mean “State is not required to apply its mind.”

The Supreme Court said that every action should be for public good, adding that the release of these convicts is a crime against a community and society. The top court also questioned the parole given between 1,000-1,500 days and asked if the same if available for normal citizens.

The next hearing will happen on May 2 regarding pleas filed against remission granted to 11 convicts.

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