Bilkis Banu Case-Supreme Court Judgement On Petitions Against Remission Of 11 Convicts-LIVE UPDATES

SC : Judgment of this Court of May 13, 2022 is hit by fruad and a nullity..

#BREAKING #SupremeCourt holds that the judgment of May 13, 2022 (which directed the Gujarat Govt to consider remission) is a nullity as it was obtained by "playing fraud on the Court" and by suppressing material facts.

Justice Nagarathna: The judgment of May 13, 2022 held that State of Gujarat and not the State of Maharashtra was the appropriate govt to consider remission. This is contrary to the Constitution Bench judgment in Sriharan case.

Justice Nagarthna : By suppressing material facts and making misleading facts, a direction was sought by the convict to the State of Gujarat to consider remission.

Justice Nagarathna : The writ petition (in which direction to Gujarat Govt to consider remission) was filed by the convict by suppressing relevant facts, he also made misleading statements. The earlier judgment of Bombay HC, opinion of presiding judge was not revealed. #SupremeCourt #BilkisBano

Justice Nagarathna : On this ground alone (that Gujarat Govt lacked competence), the writ petitions are liable to be allowed and the orders are liable to be declared as nullity. But the matter does not end there. Reliance was placed on earlier judgment which directed Gujarat Govt to consider.

Justice Nagarthan : It is not the Govt of the State where the offence took place or the offenders are imprisoned which is the appropriate govt for remission.

#BREAKING #SupremeCourt holds that State of Gujarat was not competent to pass the remission orders.

Justice Nagarthana : Govt of the State where the offender is sentenced is the appropriate government to grant remission, not the govt of the state where the offence took place.

Justice Nagarthna : Place of occurrence of crime and place of imprisonment not relevant considerations. Intention of Parliament is to hold that Govt where the offender is tried and sentenced is the appropriate govt. Emphasis is on place of trial rather than place where offence is committed.

Justice Nagarthna refers to concept of compassion.