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Bilkis Bano case: SC judge recuses from hearing plea against release of convicts

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 A Supreme Court judge, Justice Bela M. Trivedi, on Tuesday recused from hearing the petition filed by Bilkis Bano against the release of 11 men convicted of gang-raping her in the 2002 Gujarat riots, and also accused of murdering her family members.

The matter was listed before a bench of Justices Ajay Rastogi and Bela Trivedi. Justice Trivedi chose to recuse from the case.

In the plea, Bano said release of all the convicts came as a shock.

The petition, filed through advocate Shobha Gupta, said: “The premature release of all the convicts came as a shock not only to the petitioner, to her grown up daughters, to her family, but also to the society at large, nationally and internationally, and the society across segments had shown their anger, disappointment, distrust and protest to the clemency shown by the government by releasing criminals like the 11 convicts of the case.”

Terming the release order mechanical, the plea said 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.

The plea contended that shocking news of premature release of all the convicts, including the writ petitioner, was revealed to the present petitioner and public at large when the convicts were honoured and photographed in full public glare.

Bilkis Bano said she was “extremely-extremely” hurt, disturbed, and full of dejection with the early release and sudden and traumatising presence and existence of 11 of her rapists who brutally gang-raped her while she was five months pregnant and inflicted on her person and soul extreme level of violence and brutality.

Bano has also separately filed a review petition against challenging the May 13 judgment of the apex court, saying that Maharashtra’s remission policy should be applied in the present case instead of 1992 remission policy of Gujarat since the trial had happened in Maharashtra.

National News

Delhi election campaigning: SC delivers split verdict on Tahir Hussain’s interim bail plea

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New Delhi, Jan 22: The Supreme Court on Wednesday delivered a split verdict on a plea filed by former Aam Aadmi Party (AAP) councillor and Delhi riots accused Tahir Hussain seeking interim bail to campaign for the Delhi Assembly elections.

The Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency.

In the split verdict by the two-judge bench of the Top Court, while Justice Pankaj Mithal dismissed Hussain’s petition, Justice Ahsanuddin Amanullah was inclined to order his release on interim bail in view of his incarceration of over four years on the charge of being an instigator during the 2020 riots in the national Capital.

Resultantly, it was ordered to place the file before the Chief Justice of India Justice Sanjiv Khanna, who is the master of the roster, to refer the matter to another bench.

On Tuesday, the Top Court sought the Delhi Police’s response observing that Hussain’s long incarceration of over four years would entitle him to regular bail.

“Suppose we are satisfied on merit that a ground is made for considering regular bail, why should we not grant him? We can’t shut our eyes to that,” Justice Amanullah told the Delhi Police.

The top court on Monday had adjourned the hearing till January 22 on his petition seeking interim bail.

When mentioned for urgent hearing, Justice Mithal had remarked: “It is easy to win elections sitting in jail. All such persons should be barred from contesting elections.”

Last week, the Delhi High Court turned down Hussain’s plea for interim bail but granted him parole to enable him to file nomination papers for the upcoming Assembly polls.

As per the order of the Delhi High Court, Hussain, while out on custody parole, will not have any access to the phone or Internet, will not interact with any person except the officials concerned in the nomination process, and will not address the media.

On January 14, the Justice Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Councillor, and Additional Solicitor General Chetan Sharma, who appeared on behalf of Delhi Police.

Opposing Hussain’s interim bail plea, ASG Sharma said that the AIMIM candidate, facing “gruesome allegations”, may file his nomination papers from Tihar jail or under custody parole. Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.

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Crime

RG Kar Rape & Murder Case: West Bengal Govt Seeks Death Penalty, Calcutta HC To Hear Case On January 27

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Kolkata: The West Bengal government has appealed to the Calcutta High Court’s Division Bench against the trial court’s life imprisonment verdict convicting Sanjay Roy in the RG Kar case. The next hearing in the case will be held on 27th January.

Advocate General Kishore Dutta has approached the division bench of Justice Debangshu Basak, seeking the death penalty for Sanjay Roy. The matter has been allowed to be filed.

The Sealdah Civil and Criminal Court announced life imprisonment for the accused Sanjay Roy in the RG Kar rape and murder case. Along with this, the court has also fined Rs 50,000 to the accused.

West Bengal CM Mamata Banerjee Expresses Dissatisfaction

Earlier, West Bengal Chief Minister Mamata Banerjee on Monday expressed dissatisfaction over the court giving life imprisonment to the convict in the RG Kar hospital rape-murder case and said if the case had been with Kolkata Police, they would have ensured a death penalty.

“I learned about the sentencing from the media. We have always demanded capital punishment and we continue to stand by it. However, this is the court’s decision and I can’t say much about this. For three other cases, Kolkata police ensured capital punishment through thorough investigations concluded within 54-60 days. This was a serious case. Had it been under our purview, we would have ensured the death penalty long back,” CM Mamata said while addressing the media at Malda.

Victim’s Father Rejects Compensation

On Monday, RG Kar’s rape and murder case victim’s father rejected the Rs 17 lakh compensation and said that he will move to a higher court seeking the death penalty for the accused.

Speaking to Media, the victim’s father said “What the Court thinks as a good judgement based on the evidence produced by the CBI, the Court has given that verdict. We have a lot of questions on the investigation done by CBI. We did not go to the court for compensation. We want justice, not compensation. Kolkata police did wrong and the CBI will have to do something. The Kolkata police have given us more pain than the passing away of my daughter.”

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National News

Shahi Masjid-Krishna Janmabhoomi dispute: SC adjourns hearing till April

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New Delhi, Jan 22: The Supreme Court on Wednesday adjourned the hearing on a clutch of petitions pertaining to the Shahi Masjid-Krishna Janmabhoomi dispute.

A Bench presided over by CJI Sanjiv Khanna decided to post the matter for further hearing in the week commencing April 1, 2025.

In the meantime, CJI Khanna-led Bench extended the operation of the interim order passed on January 16, 2024, whereby the top court had stayed the execution of the commission on a plea filed by the Shahi Idgah Masjid Management Committee against the Allahabad High Court allowing the application filed by Hindu devotees for appointment of a commissioner to inspect the disputed premises.

In an earlier hearing, the Supreme Court had asked parties to complete the pleadings in the matter and directed the filing of written submissions not exceeding three pages along with the judgments being relied on by them. However, it had clarified that the trial proceedings pending before the Allahabad High Court could continue.

The top court is also seized of a plea filed by the mosque committee challenging the transfer of suits by the Allahabad HC to itself.

Recently, it remarked that the decision of the Allahabad High Court to consolidate all suits pertaining to the Krishna Janmabhoomi-Shahi Idgah dispute of Mathura should benefit both sides.

“Why should we intervene in the issue of consolidation of suits? It doesn’t make a difference. It is to the benefit of both sides, so multiple proceedings are avoided,” remarked a bench of CJI Khanna and Justice Sanjay Kumar. The court said this while hearing a plea filed by the management committee of the Shahi Masjid Eidgah against an order passed by the Allahabad High Court in January last year “in the interest of justice” directing that all 15 suits filed by the Hindu side be consolidated. Multiple suits were originally filed before different courts of Mathura, with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna and where a temple had existed.

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