Hindi English Translation || Editorial || A questionable refusal: On the rejection of Bilkis Bano’s review plea

A questionable refusal: On the rejection of Bilkis Bano’s review plea

The Supreme Court of India should have reviewed its order letting Gujarat decide on remission (क्षमा, माफी) for Bilkis case convicts (अपराधी, कैदी)

It is a matter of concern (चिंता का विषय) that the Supreme Court has declined to review its May 2022 order holding that the Gujarat government is the “appropriate government” to decide on the premature (असामयिक, बहुत जल्दी) release of 11 convicts serving life terms (a punishment for a criminal of imprisonment for life; prison term, prison sentence, jail sentence, penal sentence) in the Bilkis Bano gang-rape case, which also involved the gruesome (भीषण, भयानक) murder of several others. A court’s jurisdiction (अधिकार, क्षेत्राधिकार) to review its own order is limited (सीमित, प्रतिबंधित) to correcting any error apparent (स्पष्ट, साफ) on the face of the record. It is also a discretionary (विवेकाधीन) remedy (उपाय, समाधान) and generally not heard in open court (खुले न्यायालय में). However, it appears that the two-Judge Bench (a court of law with a number of judges) has failed to address (tackle, deal with, attend to, try to sort out) a significant error in its finding (जाँच - परिणाम) that the decision on remission should be made by the Gujarat government. The case, which arose from one of the many heinous (जघन्य, घृणित, नृशंस) crimes that took place during the 2002 anti-Muslim pogrom ((planned) mass slaughter, mass killing, mass murder (of a particular ethnic group)) in Gujarat, had been transferred for trial to Mumbai by the Court. The appeal arising from it was heard by the Bombay High Court. Section 432(7) of the Code of Criminal Procedure (CrPC) says the “appropriate government” is “the Government of the State within which the offender is sentenced (pass judgement on, impose a sentence on, pronounce sentence on, mete out punishment to, punish, convict)”. Despite this clear provision (प्रावधान), the Bench had taken the view that as the offence (crime, misconduct, misdeed, wrongdoing, criminal act) had taken place in Gujarat, and the trial in Mumbai, further matters had returned to the jurisdiction of Gujarat on conclusion of trial. It had also noted that the transfer of the trial to another State had taken place under “extraordinary (असाधारण, असामान्य, दुर्लभ) circumstances”.

The Bench’s view was quite peculiar (strange, unusual/odd, unexpected, bizarre, abnormal) because it goes against a statutory (legitimate, constitutional) provision. Also, the transfer took place only because a fair (honest, trustworthy, impartial, unbiased, non-partisan, non-discriminatory, neutral) trial was not possible in Gujarat. It stands to reason (it is obvious, it is logical, it is sensible, it is understandable) that the Gujarat government ought to (must, should) have been divested of (deprive, strip, dispossess of (power/rights)) the power to consider remission in the same case. Another aspect of the earlier order was that it had specified that the remission should be considered under its 1992 policy, as it was the one in force on the day of their conviction (sentence, judgement, verdict). Accordingly, in the absence of (without something) any specific curbs (restriction, restraint, control, limitation) in that policy on the power to remit (pardon, forgive, excuse; cancel, revoke, suspend) the sentences of those involved in heinous crimes, the convicts were released. The Centre, it was later revealed, had also concurred (agree, be in agreement, go along) with the decision. Fortunately, the refusal to review the earlier order will not affect the outcome (result, consequence, conclusion) of a separate petition challenging their release. There seem to be enough grounds (reason) to question the remission. Court filings suggest that the trial judge’s opinion against their release was disregarded (ignore, overlook, dismiss, deny, reject, disregard, spurn, brush off, take no notice of). Further, the presence of political functionaries, including BJP MLAs, on a committee (advisory body; committee, board, council, panel) that recommended their release, may have also vitiated (destroy, impair, spoil, ruin) the decision. The Supreme Court may still have an opportunity to examine the legitimacy (lawfulness, legality, rightfulness) of allowing the premature release of those directly involved in communally motivated (provoked, triggered, induced, incited) crimes.

Courtesy: The Hindu

Important Word List With Meaning

1.remission (noun)

Hindi Meaning - क्षमा, माफी
English Meaning - it implies reducing the period of sentence without changing its character (whereas commutation denotes the substitution of a form of punishment for a lighter one).

2.convict (noun)

Hindi Meaning - अपराधी, कैदी
English Meaning - prisoner, inmate; criminal, lawbreaker, offender.

3.matter of concern (phrase)

Hindi Meaning - चिंता का विषय
English Meaning - something which causes worry.

4.premature (adjective)

Hindi Meaning - असामयिक, बहुत जल्दी
English Meaning - untimely, early, too soon, too early, before time; ill-timed, ill-considered.

5.gruesome (adjective)

Hindi Meaning - भीषण, भयानक
English Meaning - horrible, grim, dreadful/terrible.

6.jurisdiction (noun)

Hindi Meaning - अधिकार, क्षेत्राधिकार
English Meaning - power, authority, command, control, sovereignty, influence.

7.limited (adjective)

Hindi Meaning - सीमित, प्रतिबंधित
English Meaning - restricted, bounded, meagre, narrow, little, slight.

8.apparent (adjective)

Hindi Meaning - स्पष्ट, साफ
English Meaning - evident, obvious, visible, noticeable, pronounced, crystal clear; claimed, supposed, presumed, seeming.

9.discretionary (adjective)

Hindi Meaning - विवेकाधीन
English Meaning - optional, voluntary, up to the individual, non-mandatory, non-compulsory.

10.remedy (noun)

Hindi Meaning - उपाय, समाधान
English Meaning - solution, answer, antidote/panacea.

11.in open court (phrase)

Hindi Meaning - खुले न्यायालय में
English Meaning - in a court of law, before the judge and the public.

12.findings (noun)

Hindi Meaning - जाँच - परिणाम
English Meaning - conclusion arrived at (as a result of an inquiry).

13.heinous (adjective)

Hindi Meaning - जघन्य, घृणित, नृशंस
English Meaning - wicked, horrible, terrible, awful, disgraceful, shameful, outrageous, hateful, shocking.

14.provision (noun)

Hindi Meaning - प्रावधान
English Meaning - term, clause, requirement/condition.

15.extraordinary (adjective)

Hindi Meaning - असाधारण, असामान्य, दुर्लभ
English Meaning - exceptional, unusual, rare, uncommon.

16.plea (noun)

English Meaning - petition, appeal, urgent/earnest request, entreaty.

17.review petition (noun)

English Meaning - the Constitution of India itself gives, under Article 137, the Supreme Court the power to review any of its judgments or orders. The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”. It is not necessary that only parties to a case can seek a review of the judgment on it. As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review. However, the court does not entertain every review petition filed. It exercises its discretion to allow a review petition only when it shows the grounds for seeking the review. As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order.

18.hold (verb)

English Meaning - (of a court) rule, decide.

19.Section 432(1) of the Code of Criminal Procedure (CrPC), 1973 (noun)

English Meaning - When any person has been sentenced to punishment for an offense, the appropriate Government may, at any time, without conditions or upon any conditions, which the person sentenced, accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (The appropriate Government can be a Central or State Government. If the order passed in which the Union has extensive power then the Central Government is the appropriate Government or else in other cases the State Government becomes the appropriate government).

20.life term/sentence (noun)

English Meaning - a punishment for a criminal of imprisonment for life; prison term, prison sentence, jail sentence, penal sentence.

21.on the face of it (phrase)

English Meaning - apparently, seemingly, outwardly, ostensibly, at first glance, it seems (that), it appears (that), at face value, to go by appearances, by all accounts.

22.bench (noun)

English Meaning - a court of law with a number of judges.

23.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

24.address (verb)

English Meaning - tackle, deal with, attend to, try to sort out.

25.pogrom (noun)

English Meaning - (planned) mass slaughter, mass killing, mass murder (of a particular ethnic group).

26.trail (noun)

English Meaning - court case, judicial proceedings, legal action.

27.Section 432(7) of the Code of Criminal Procedure (CrPC) (noun)

English Meaning - Section 432(7b) says the “appropriate government” is “the Government of the State within which the offender is sentenced or the said order is passed”.

28.sentence (verb)

English Meaning - pass judgement on, impose a sentence on, pronounce sentence on, mete out punishment to, punish, convict.

29.take the view (phrase)

English Meaning - to have an opinion/belief about something : to believe.

30.offence (noun)

English Meaning - crime, misconduct, misdeed, wrongdoing, criminal act.

31.circumstances (noun)

English Meaning - condition, situation, background, context.

32.peculiar (adjective)

English Meaning - strange, unusual/odd, unexpected, bizarre, abnormal.

33.go against (phrasal verb)

English Meaning - oppose something; resist something.

34.statutory (adjective)

English Meaning - legitimate, constitutional.

35.fair (adjective)

English Meaning - honest, trustworthy, impartial, unbiased, non-partisan, non-discriminatory, neutral.

36.it stands to reason (phrase)

English Meaning - it is obvious, it is logical, it is sensible, it is understandable.

37.ought to (modal verb)

English Meaning - must, should.

38.divest of (verb)

English Meaning - deprive, strip, dispossess of (power/rights)

39.in force (phrase)

English Meaning - in effect; valid, operative.

40.conviction (noun)

English Meaning - sentence, judgement, verdict.

41.in the absence of (phrase)

English Meaning - without something.

42.curb (noun)

English Meaning - restriction, restraint, control, limitation.

43.remit (verb)

English Meaning - pardon, forgive, excuse; cancel, revoke, suspend.

44.concur (verb)

English Meaning - agree, be in agreement, go along.

45.outcome (noun)

English Meaning - result, consequence, conclusion.

46.ground (noun)

English Meaning - reason.

47.disregard (verb)

English Meaning - ignore, overlook, dismiss, deny, reject, disregard, spurn, brush off, take no notice of.

48.functionary (noun)

English Meaning - official, office-bearer, office-holder.

49.committee (noun)

English Meaning - advisory body; committee, board, council, panel.

50.vitiate (verb)

English Meaning - destroy, impair, spoil, ruin.

51.legitimacy (noun)

English Meaning - lawfulness, legality, rightfulness.

52.motivated (adjective)

English Meaning - provoked, triggered, induced, incited.