We all know there is a discussion in the world about the greatness of Indian Democracy and the Constitution. And there’s no doubt about it. But the power deviation through the constitution increases the probability of misuse. And here we saw a recent example of the Bilkis Bano case. We will discuss the whole issue and try to find out who is responsible for it.
Court’s Judgement For Bilkis Bano’s Case
In January 2008 after a fight of six years, all the eleven convicts got life imprisonment. There were police who created the wrong FIR, doctors who submitted the wrong medical reports, and the murderers in the count of eleven. The lower court of Maharashtra reviewed all the reports and announced life imprisonment and ordered the Gujrat government to provide compensation of 50 Lakh, house, and job.
Then all the eleven convicts went to the High court. And High court reviewed all the facts & reports. It does the same and announced life imprisonment. Then they went to the supreme court and filed a review petition. And it also announced life Imprisonment.
Total five times all the courts of India reviewed all the facts, and details. And continued the life imprisonment of all. So there is no doubt that these eleven people were the culprits. That’s why they were in jail for 14 years. So what was the reason that on 15 August all of them get released?
How do they get released?
See according to articles 71 and 121, the president of India and the governors of states have the power to grant discontinuation of courts order. But in this case, they didn’t release them. In this case, the Gujrat government released them. According to section 432 in CRPC, the state government also has the power to release criminals on any occasion like republic day, Independence Day, or any politician’s anniversary.
So in Gujrat, there is a Gujrat Mafi Neti under which one of the eleven filed an application. In the application, they requested to discontinue their sentence as they spent 14 years of imprisonment. Then the Gujrat government sent an appeal regarding the release of these eleven people who are imprisoned for bilkis bano case.
For a long time, there were discussions happened how the Gujrat government can interfere in this as all the hearings have been done in Maharashtra. Then the Supreme court clarify that the crime has been done in Gujrat. So Gujrat Government can take decisions for bilkis bano case.
What is Gujrat Mafi Neti?
So a committee has been made consisting of many politicians and senior judges. And the state government released all eleven under Gujrat Mafi Neti, 1992, which was amended in 2014. When the convicts went to their homes than they are greeted with flowers and garlands. And the video of this greeting got on viral.
Then the people started questioning that there are thousands of criminals in jail. So why did the state government releases only these eleven people? Under Gujrat Mafi Neti the criminal who has a charge of two or more murders can get released, but they killed seven people. Also, Rapists can’t get benefits under Gujrat Mafi Neti. And those cases in which central agencies are directly linked, and in this case, the punishment was provided by CBI.
How state government clarified?
The state government said that they all are released under Gujrat Mafi Neti(GMN) 1992, not 2014. As the crime was done before 2014. So GMN of 2014 is not applicable in this case. In GMN 1992 there was no proper instruction given, just a few suggestions.
So the lawyer of bilkis bano case, Sobha Gupta said that she will file a PIL against this decision of the Gujarat government.
We all can observe that the Gujrat government optimistically diverted the law to provide remission. But these kinds of decisions send the incorrect type of message to society. This creates a difference between the people. It acts like if you are on the right side then the law will save you at any cost, doesn’t matter how rude the crime was.
All this compels us to think that in “Beti Bachao, Beti Padhao“, Beti Bachao has a different meaning than what we were thinking.
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