The Supreme Court on Thursday raised a series of questions to the Gujarat government and the Center about the 'selective' application of a surrender policy to convicts serving prison sentences for gang rape. may Bilkis Bano and murder his family members during the post-Godhra 2002. riots in Gujarat.
A bench headed by Judge B V Nagarthana raised a barrage of questions while hearing a series of pleas protesting against the Gujarat government's decision to reduce sentences for the 11 convicts in the case.
During the hearing, Judge Nagarthana asked Supplementary General Counsel (ASG) SV Raju, "Why is the policy of amnesty selectively applied? The opportunity for rehabilitation and rehabilitation should be given to everyone. were convicted, not a few. The question is, not mass (all), but when qualified, will all those who have been sentenced to life in prison after 14 years get their sentences reduced?"
ASG SV Raju, appearing on behalf of the State of Gujarat, told the Supreme Court that the state government was bound by the effective mandamus (a document provided under Article 32 of the constitution regarding the violation of the fundamental rights of the state). a person's copy) issued in May 2022 Supreme Court decision stating that the surrender policy applicable to convicted persons is the policy of the state where the crime actually occurred. ASG SV Raju also pointed out that compliance with Gujarat's 1992 surrender policy was ensured before allowing the 11 convicts to surrender.
In response to this, the higher court asked why the adverse opinion of the Maharashtra Magistrates Court judge was ignored in favor of Judge Godhra's opinion.
ASG Raju commented, "The negative opinion of Judge Maharashtra Sessions is not based on the merits of the case. It is the opinion of the successor judge, not that of the trial supervisor. ."
“His opinion is not based on merit and on the old policy of forgiveness. He relies on Maharashtra's policy of forgiveness. This view is hardly consistent with 1992 policy,” noted ASG Raju in his speech to Judge Nagarthana's bench.
In this regard, the bench asked ASG when it argued that the surrender policy was for the reeducation of prisoners and then why the prisoners were overcrowded and asked the State of Gujarat to submit in advance to the bench the data related to the practice of prisoners. currently discounted. policy.
