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

Justice Nagarthna : Justice Krishna Iyer has said, quoting George Bernard Shaw, ...men are not improved by injuries.

#SupremeCourt refuses to answer the point regarding the maintainability of the PILs since Bilkis Bano's petition is already held to be maintainable.

#SupremeCourt holds that Bilkis Bano's petition challenging the remission is maintainable.

J Nagarthana : 4. Whether the remission orders in accordance with law.

Justice Nagarathna : Having heard the parties, the following points arise :

1. Whether the petition filed by victim under Art 32 maintainable.

2. Whether PILs assailing the remission order maintainable.

3. Whether the Gujarat Govt was competent to pass the remission orders.

Justice Nagarathna : We proceed to consider the writ petitions in the light of the aforesaid philosophical premise, both on merits and maintainability.

Justice Nagarthna : But the victim's rights also important. A woman deserves respect. Can heinous crimes against women permit remission? These are the issue which arise.

J Nagarathna : Curative theory likens punishment to medicine, if a criminal is curable, he should be set free. This forms the heart of reformative theory.

Justice Nagarathna : Plato states punishment is not for vengeance but for reformation.

Bench assembles.