New Delhi, March 2 (IANS) Two of the convicts in the Bilkis Bano case have moved a plea before the Supreme Court questioning the judicial proprietary of the judgment which set aside the remission orders passed by the Gujarat government.
The writ petition filed by convicts Radheshyam Bhagwandas Shah and Rajubhai Babulal Soni said that an anomalous situation has arisen wherein two different co-ordinate benches have taken diametrically opposite views on the very same issue of premature release, as well as which policy of the state government would be applicable.
A bench of Justices B.V. Nagarathna and Ujjal Bhuyan had on January 8 held that the state of Maharashtra had the jurisdiction to consider the early release application filed by the convicts as they were sentenced by a special court in Mumbai, and the Gujarat government is not the appropriate government within the meaning of Section 432(7) of the Code of Criminal Procedure (CrPC).
It may be recalled that a bench of Justices Ajay Rastogi and Vikram Nath had in May 2022 asked the Gujarat government to consider the remission application filed by a convict.
However, the Justice Nagarathna-led bench held that the May 2022 order was obtained by suppressing material aspects.
It said: “We hold that consequently the order dated 13.05.2022 passed by this court is hit by fraud and is a nullity and non est in the eye of law and therefore cannot be given effect to and hence, all proceedings pursuant to the said order are vitiated.”
The latest plea filed by the convicts said: “A fundamental issue arises for consideration as to whether a subsequent co-ordinate bench can set aside its earlier judgment rendered by its earlier co-ordinate bench and pass contradictory orders/judgments overruling its earlier view or the proper course would have been to refer the matter to a larger bench in case it felt that the earlier judgment was passed in wrong appreciation of law and facts.”
It contended that once a particular view was taken in May 2022, the remedy for the victim was to file a review petition and after the review petition was dismissed, the only remedy was to file a curative petition, but certainly not to file a writ petition under Article 32 of the Constitution challenging the judgment passed by the top court.
Further, the convicts’ petition said that the appropriate government for the exercise of power of remission would alone be the Union of India as the instant case was investigated by the CBI.
It added that the matter must be referred to a larger bench for final adjudication and proper determination on law and merits of the case.
–IANS
pds/arm
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
