Justice (Retd) of Bombay High Court Abhay Thipsay says that the Supreme Court had acted in a very systematic manner.
Justice (Retd) of Bombay High Court Abhay Thipsay says that the Supreme Court had acted in a very systematic manner.
Justice (retd) of Bombay High Court Abhay Thipsay on Tuesday said, “Exemption does not mean that they are not guilty of the offence. [gangrape of pregnant Bilkis Bano and murder of her daughter along with other family members]Why do you greet him with garlands and sweets?
Justice VM Kanade along with Justice Thipsay had in 2011 rejected the temporary bail of Radhey Shyam Shah, accused of gang-raping five months pregnant Bilkis Bano, killing her three-year-old daughter and seven members of her family. Godhra Riots.
He said the “Supreme Court has acted in a very systematic manner” and granted exemption to all convicts based on an old 1992 policy that gave life imprisonment to the convicts.
He said that while the Code of Criminal Procedure mentions that the appropriate government has the power to grant exemption, in this case, it should be the Maharashtra government as the trial was going on here. However, even on this, the Supreme Court called it “special circumstances”, so Gujarat had the decision-making power, he said.
Justice Thipsay said gang rape convicts and those sentenced to life imprisonment were usually not exempted, but the Gujarat government had exercised its “discretionary powers” to do so.
Retired judge UD Salvi, who convicted all 11 people for the offenses of murder and gang rape in 2011, said there was strong evidence against them all. The judicial system was designed in such a way that very rarely an innocent was convicted and a convict was acquitted. He also said that the sentencing judge was usually consulted before granting exemption to the convicts, but in this case he was not.
Justice Thipsay asked why the convicts should be greeted with garlands and sweets. It was not that they were not guilty of crimes; The waiver simply meant that his sentence was suspended.
Responding to the Supreme Court’s decision, BJP MLA from Godhra CK Raulji had said that “some of the culprits in the case” were “good Brahmins”. Secrament:r” or value and it was possible that they were “fixed because of their past family activities”.
On August 15, 2022, Jaswantbhai Nai, Govindbhai Nai, Shailesh Bhatt, Radheshyam Shah, Bipinchandra Joshi, Kesharbhai Vohaniya, Pradeep Modhia, Bakabhai Vohaniya, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana were released on exemption.