Bilkis Bano gang rape case: Convicts inform SC petitioners difficult their launch are ‘third occasion strangers’

Express News Service

NEW DELHI: Questioning the maintainability of the writ filed by Subhashini Ali, Revati Laul, and Roop Rekha Verma which challenges the untimely launch of the 11 convicts within the Bilkis Bano case, RadheyShyam Bhagwandas Shah, one of many convicts has informed the SC that not one of the petitioners are associated to the case and solely occur to be both political activists or a 3rd occasion stranger to the case. 

“If such types of third party petitions are entertained by this Hon’ble Court, it would not only unsettle the settled position of law but would also open flood gates and would be an open invitation for any member of the public to jump in any criminal matter before any Court of law,” the affidavit states. 

To additional substantiate the rivalry on the locus, the convict has said within the affidavit that neither the state nor the sufferer nor even the complainant has approached SC.

Relying on numerous rulings of the SC akin to Janaka Dal v HS Chowdhary, Simranjit Singh Mann v UOI wherein it has been held {that a} third occasion who’s a complete stranger to the prosecution has no locus in “criminal matters”, the convicts additionally state that if such instances are sought to be entertained, a settled place of legislation will surely develop into an unsettled place of legislation. 

Justifying the discharge, the convict has additionally informed that SC in its order dated May 13, 2022, had stated that the Gujarat authorities’s coverage could be relevant for his or her remission and had thus directed the State of Gujarat to think about the appliance for untimely launch by way of the coverage dated July 9, 1992. Gujarat authorities’s 1992 coverage didn’t prohibit the remission of rape, gang rape, or homicide convicts. 

ALSO READ | Bilkis Bano case: SC to listen to plea towards aid to 11 gangrape convicts

“Moreover, the present Writ Petition under Article 32 is nothing but the grossest abuse in as much as on one hand the petitioner pleads that she does not have the copy of the remission order and yet without ascertaining the reasons for grant of remission the said order has been assailed by the writ petition with a further prayer that such order of remission should be quashed,” the affidavit states. 

The three ladies’s rights activists together with Subhashini Ali had earlier filed a PIL within the Supreme Court to revoke the remission of the 11 convicts concerned within the case. The PIL reportedly stated the convicts shouldn’t be launched as it’s a case that entails gangrape and homicide.

Earlier, over 6,000 individuals, together with activists and historians, urged the Supreme Court to revoke the early launch of the convicts within the case.

It could also be recalled {that a} five-months pregnant Bano was gang-raped and her three-year-old daughter Saleha was amongst 14 individuals killed by a mob in Dahod on March 3, 2002, in communal riots that consumed Gujarat following the dying of 59 passengers, primarily ‘Kar Sevaks’, when the Sabarmati Express was set on fireplace.

NEW DELHI: Questioning the maintainability of the writ filed by Subhashini Ali, Revati Laul, and Roop Rekha Verma which challenges the untimely launch of the 11 convicts within the Bilkis Bano case, RadheyShyam Bhagwandas Shah, one of many convicts has informed the SC that not one of the petitioners are associated to the case and solely occur to be both political activists or a 3rd occasion stranger to the case. 

“If such types of third party petitions are entertained by this Hon’ble Court, it would not only unsettle the settled position of law but would also open flood gates and would be an open invitation for any member of the public to jump in any criminal matter before any Court of law,” the affidavit states. 

To additional substantiate the rivalry on the locus, the convict has said within the affidavit that neither the state nor the sufferer nor even the complainant has approached SC.

Relying on numerous rulings of the SC akin to Janaka Dal v HS Chowdhary, Simranjit Singh Mann v UOI wherein it has been held {that a} third occasion who’s a complete stranger to the prosecution has no locus in “criminal matters”, the convicts additionally state that if such instances are sought to be entertained, a settled place of legislation will surely develop into an unsettled place of legislation. 

Justifying the discharge, the convict has additionally informed that SC in its order dated May 13, 2022, had stated that the Gujarat authorities’s coverage could be relevant for his or her remission and had thus directed the State of Gujarat to think about the appliance for untimely launch by way of the coverage dated July 9, 1992. Gujarat authorities’s 1992 coverage didn’t prohibit the remission of rape, gang rape, or homicide convicts. 

ALSO READ | Bilkis Bano case: SC to listen to plea towards aid to 11 gangrape convicts

“Moreover, the present Writ Petition under Article 32 is nothing but the grossest abuse in as much as on one hand the petitioner pleads that she does not have the copy of the remission order and yet without ascertaining the reasons for grant of remission the said order has been assailed by the writ petition with a further prayer that such order of remission should be quashed,” the affidavit states. 

The three ladies’s rights activists together with Subhashini Ali had earlier filed a PIL within the Supreme Court to revoke the remission of the 11 convicts concerned within the case. The PIL reportedly stated the convicts shouldn’t be launched as it’s a case that entails gangrape and homicide.

Earlier, over 6,000 individuals, together with activists and historians, urged the Supreme Court to revoke the early launch of the convicts within the case.

It could also be recalled {that a} five-months pregnant Bano was gang-raped and her three-year-old daughter Saleha was amongst 14 individuals killed by a mob in Dahod on March 3, 2002, in communal riots that consumed Gujarat following the dying of 59 passengers, primarily ‘Kar Sevaks’, when the Sabarmati Express was set on fireplace.