The Supreme Court questioned one of the convicts in the Bilkis Bano gangrape case today about depositing the fine imposed on him when the hearing on the pleas challenging his remission was in progress. Appearing for convict Ramesh Rupabhai Chandana, senior advocate Sidharth Luthra told a bench of justices BV Nagarathna and Ujjal Bhuyan that the convicts have approached the trial court in Mumbai and have deposited the fine imposed upon them.
"Does non-deposit of fine has a bearing on the remission? Did you apprehend that non-deposit of fine would have an impact on the merits of the case? First you ask for permission and now without permission you have deposited," the bench said.
Mr Luthra said non-deposition of fine does not affect the decision on remission but he had advised his clients to deposit the fine to "reduce the controversy".
"According to me, this has no legal consequence. But since the argument was raised... To reduce the controversy, we have deposited now," he said.
One of the petitioners challenging the remission granted to convicts, has argued that their premature release is illegal as they have not served their sentence in entirety. It was also argued that since the convicts did not pay the fine amounting to Rs 34,000, they had to undergo additional sentence which they have not.
Mr Luthra told the court that the convicts had filed an application seeking its permission to deposit the fine, as there was apprehension that the sessions court might not accept it.
"We have filed certain applications with respect to deposit of fine. They have moved sessions court and it has accepted the fine now. I have advised them that it is appropriate to do so," Mr Luthra said, clarifying there was no attempt to "overreach" court's authority.
As the hearing began, Mr Luthra defended the remission granted to his client, saying reformation is the ultimate aim of criminal justice system.
"Otherwise in a murder case, death would be applied more frequently by the judicial dictat but it is applied in the rarest of the rare cases. These are not the cases which are beyond the remit of reformation. These are not the cases where there was a fixed term sentence. My submission is that arguments on society's cry for justice, heinous offence is not relevant at this stage as the court has not said that remission is not permissible," he said.
The hearing will resume on September 14.
On August 17, the top court had said that state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should be given to every prisoner, as the Gujarat government defended its decision of premature release of all 11 convicts.
Besides the petition filed by Bilkis Bano contesting the remission granted to them, several other petitions -- including one by CPM leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma -- have challenged the remission. Ms Moitra has also filed a PIL against the remission.
Bilkis Bano was 21 years old and five months pregnant when she was gangraped during the communal riots that broke out in Gujarat after the Godhra train-burning incident. Her three-year-old daughter was among the seven family members killed.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
from NDTV News- Special https://ift.tt/1qN5Ydg
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