Bilkis Bano case: SC agrees to hear Mahua Moitra challenge to convicts' remission
The petition has argued that the release of the convicts isn’t a valid exercise of discretionary power of the state
The Supreme Court Thursday agreed to hear Trinamool Congress MP Mahua Moitra's challenge to the remission granted to 11 convicts in the Bilkis Bano case.
approached the Supreme Court challenging the release of 11 convicts in the Bilkis Bano rape case by the Gujarat government under the remission policy.
The PIL was mentioned today before a bench headed by the Chief Justice of India (CJI), along with another petition filed by three activists challenging the release. The case is likely to be listed in due course.
We will see, the CJI said responding to the request for listing of the case.
The petition has questioned Gujarat government's power to grant release on remission, saying that since the case was probed by the CBI, the state cannot grant such release without the Centre's express concurrence.
The petition has argued that the release of the convicts isn't a valid exercise of discretionary power of the state. It may be noted that Section 432 and Section 433A provide for remission. Section 433 provides the appropriate government power to suspend or remit sentences.
