Tag: Remission

Bilkis Bano case: Centre, Gujarat may seek review of SC’s ‘remission files’ order

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New Delhi: The Centre and the Gujarat government on Tuesday told the Supreme Court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts in the Bilkis Bano case.
A bench of Justices K M Joseph and B V Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the state.
It said, “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.”

“The question is whether government applied its mind and what material formed the basis of its decision to grant remission,” the bench said, adding, “Today it is Bilkis but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions.”
The bench posted the batch of pleas challenging the remission to the convicts in Bilkis Bano case for final disposal on May 2 and asked all the convicts who have not been served notices to file their replies.
It asked the Centre and the state to make its stand clear about filing of a review plea.
On March 27, terming Bilkis Bano’s gang-rape and the murder of her family members during the 2002 Godhra riots as a “horrendous” act, the Supreme Court had asked the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts in the case.
It had sought a response from the Centre, Gujarat government and others on a plea filed by Bilkis Bano, who was gang-raped and seven members of her family were killed during the 2002 post-Godhra riots.

Bano has challenged the remission of sentence of 11 convicts in the case.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The top court seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
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#Bilkis #Bano #case #Centre #Gujarat #seek #review #SCs #remission #files #order
( With inputs from www.siasat.com )

April 18, 2023
Bilkis Bano case: SC constitutes new bench to hear plea against remission to convicts

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New Delhi: The Supreme Court will hear on March 27 a batch of pleas challenging the remission of sentence of 11 convicts in the Bilkis Bano gang-rape case that also involves the killing of seven members of her family during the 2002 Gujarat riots.
A bench of justices KM Joseph and BV Nagarathna will hear the pleas filed by several political and civil rights activists, and a writ petition filed by Bano.
On March 22, Chief Justice DY Chandrachud directed the matter for urgent listing and agreed to constitute a new bench to hear the batch of pleas.
On January 4, a bench comprising justices Ajay Rastogi and Bela M Trivedi took up the petition filed by Bano and the other pleas. However, Justice Trivedi recused from hearing the case without citing any reason.
Bano had moved the apex court on November 30 last year challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022, order on a plea by a convict. The review plea was later dismissed in December last year.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The victim, in her pending writ petition, has said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.

“The en-masse premature release of the convicts in the much talked about case of Bilkis Bano has shaken the conscience of the society and resulted in a number of agitations across the country,” she has said.
Referring to past verdicts, the plea said en-masse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the state/central government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality,” it said.
The plea, which gave minute details of the crime, said Bano and her grown-up daughters were “shell-shocked with this sudden development”.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated,” it said.
The top court is seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15, last year, after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#Bilkis #Bano #case #constitutes #bench #hear #plea #remission #convicts
( With inputs from www.siasat.com )

March 24, 2023
SC assures Bilkis Bano of early hearing of her plea against remission to convicts

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New Delhi: The Supreme Court on Tuesday assured Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, that her plea against the remission of the sentence of 11 convicts will be heard soon after the constitution of a new bench.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed at the earliest.
Gupta mentioned the matter for urgent hearingand said that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.
CJI Chandrachud said, “I will do so at the earliest. The matter will be listed soon”.
Earlier, on January 24, the hearing on Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
On that day, the petition was listed for hearing before a bench of Justices Rastogi and CT Ravikumar.
Both Justices Rastogi and Ravikumar were then busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on the execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
On January 4, Justice Trivedi had recused from hearing a batch of pleas challenging the remission of the sentence of 11 convicts in Bano’s case.
Bano had moved the apex court on November 30, 2022 challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.

Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2022 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All 11 convicts were granted remission by the Gujarat government and released on August 15, last year.
Bano’s review plea against the May 13, 2022 order, however, was dismissed by the top court in December last year.
The victim, in her pending writ petition, has said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
“The en-masse premature release of the convicts in the much talked about case of Bilkis Bano has shaken the conscience of the society and resulted in a number of agitations across the country,” she has said in the plea.
Referring to past verdicts, the plea said en-masse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality,” it said.
The plea, which gave minute details of the crime, said Bilkis and her grown-up daughters were “shell-shocked with this sudden development”.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated,” it said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#assures #Bilkis #Bano #early #hearing #plea #remission #convicts
( With inputs from www.siasat.com )

February 7, 2023
Delhi Prisons dept announces special remission to 243 inmates on Republic Day

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New Delhi: The Delhi Prisons department on Thursday announced the government’s special remission to 243 inmates on the occasion of Republic Day, an official statement said.
The department celebrated the 74th Republic Day where Director General (Prisons) Sanjay Baniwal unfurled the tricolour.
A combined parade was organised by Delhi Jail, Delhi Police and paramilitary forces in the lawns of the prisons headquarters here.
Baniwal announced the government’s special remission in conviction for inmates subject to their good conduct in jail. The remission varies from 20 to 90 days for women inmates and for men inmates above the age of 65 years; and for 15 to 60 days for other inmates, depending upon the sentence period served in the jail, the statement said.
“On the occasion of Republic Day 2023, the government has provided special remission to 243 eligible inmates. Further, 24 inmates serving life sentence are being released on recommendation of the Sentence Reviewing Board (SRB). Also three economically weaker inmates are being released with the help of financial assistance from NGOs and six inmates are being released on the basis of government remission under the ‘Azadi ka Amrit Mahotsav’ programme,” the statement said.
The D-G also highlighted that due to decline in COVID-19 cases, the physical ‘mulakat’ has been started again in all jails leading to daily meeting of around 2,000 inmates with their families/relatives. In addition, around 300 inmates are benefiting daily through e-mulakat, it stated.
A skill development programme has been initiated for inmates by the Ministry of Housing and Urban Affairs under the Deendayal Antyodaya Yojna-National Urban Livelihoods Mission (DAY-NULM) by which approximately 1,020 inmates will be benefited, it said.
The Delhi Prisons has received a trophy from the National Crime Record Bureau (NCRB) for its good practices and implementation of Inter-operable Criminal Justice System (ICJS). In the India International Trade Fair-2022 also, the department had made a mark by exhibiting various products manufactured in jails at the stalls which were highly liked by the visitors, the D-G stated in the statement.

Baniwal also emphasised for participation of inmates in various corrective measures initiated by the department and promised many new initiatives to be taken up for reformation, rehabilitation and reintegration of the inmates in near future.
He honoured 10 officers/officials with ‘DG Disc’ and 10 officials with ‘appreciation letter’ for their excellent work and remarkable contribution in Delhi Prisons, it said.
A private bank provided financial help of Rs 28 lakh to the family of warder Manjeet Shokeen, who passed away while in service due to cardiac arrest. A cheque was handed over by the D-G to the mother of the deceased employee, the statement added.
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#Delhi #Prisons #dept #announces #special #remission #inmates #Republic #Day
( With inputs from www.siasat.com )

January 26, 2023
Bilkis Bano’s plea against grant of remission to convicts could not be heard in SC

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New Delhi: The hearing on Bilkis Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government, could not be held in the Supreme Court on Tuesday as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
The petition of Bilkis Bano, who was gang-raped and seven members of her family slaughtered during the 2002 Gujarat riots, was scheduled to be heard on Tuesday by a bench of Justices Ajay Rastogi and CT Ravikumar.
However, Justices Rastogi and Ravikumar were busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
A fresh date for hearing will now be notified by the apex court registry..
Bilkis Bano had moved the apex court on November 30, 2022 challenging the grant of remission of sentence to 11 convicts by the state government, saying their premature release has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2021 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.

Her review plea, however, was dismissed by the top court in December last year.
The victim, in her pending plea, said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
“The enmasse premature release of the convicts in the much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in a number of agitations across the country,” she said in the plea.
Referring to past verdicts, the plea said enmasse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality by a group of human beings upon another group of human beings, all helpless and innocent people – most of them were either women or minors, by chasing them for days together persuaded by hate towards a particular community,” it said.
The plea, which gave minute details of the crime, said Bilkis and her grown up daughters were “shell-shocked with this sudden development”.
The decision of the government came as a shock to the citizens, nationally and internationally, and the society across segments showed “anger, disappointment, distrust” and protested the clemency shown by the government.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated and this is how the present petitioner along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts (respondents no. 3-13) of one of the most gruesome crime this country has ever seen of multiple time gang rape of a pregnant woman,” it said.
It referred to wide-virtual public protest in each city, on all social media platforms and news channels, portals.
“It was also reported heavily that Muslims of the area started fleeing away from Rahimabad in fear after release of these 11 convicts,” the plea said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#Bilkis #Banos #plea #grant #remission #convicts #heard
( With inputs from www.siasat.com )

January 24, 2023
Remission programme: 189 Maha jail inmates to be released on R-Day

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Thane: A total of 189 convicts will be released from prisons across Maharashtra, including three from Thane Central Jail, on Republic Day as part of the Union government’s special remission programme to mark 75 years of Independence, an official said on Sunday.
The three inmates from Thane are undergoing jail terms for attempt to murder and other crimes, he added.
“The special remission programme will see some prisoners being released on January 26, 2023 and August 15,2023 for good conduct while serving their sentences. A total of 189 inmates from Maharashtra will be released,” he said.
The prisoners are selected on the basis of age, time spent in jail, disabilities, health etc, he added. Thane Central Jail has 4,569 inmates, including 132 women, while 52 are above the age of 70 and 386 below 20 years.
The capacity of the jail is, however, just 1,105, officials here pointed out.
The prisoner count includes 30 Bangladeshis and an equal number of Nigerians, they added.
The total number of jail inmates in Maharashtra stands at 43,090, as per official data.

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#Remission #programme #Maha #jail #inmates #released #RDay
( With inputs from www.siasat.com )

January 22, 2023