New Delhi: The Supreme Court on Wednesday observed that prima facie the PIL petitioners, who moved the apex court, challenging the release of convicts in the Bilkis Bano case may have the locus to challenge the remission order since the issue is no longer criminal in nature, but challenges an administrative order of granting remission to the accused.
The counsel, representing the convicts, the Gujarat government and the Centre had argued that third parties have no locus standi in criminal matters and there are several apex court judgments to this effect. The counsel argued that criminal matters are only between the court, the accused and the state.
A bench headed by Justice BV Nagaratna noted that this is no more a criminal matter and the petitioners here are challenging an administrative order granting remission to the convicts. The bench noted that it is no more a criminal matter, but an administrative order and also there is no challenge to conviction and sentence.
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The bench said the PIL petitioners are challenging essentially administrative orders granting remission and added that the conviction cannot be challenged by a third party. A counsel, representing one of the convicts, said it will open floodgates and politicians, and journalists will also come and said he agreed that a victim can come to court.
Additional Solicitor General SV Raju, representing Gujarat and Centre, said the PILs are not maintainable and added that remission may be administrative order, but it relates to a sentence and therefore it is a criminal matter. and stressed that a third party can never have a say.
The top court will continue the matter tomorrow.
Besides the petition filed by Bano, Trinamool Congress (TMC) MP Mahua Moitra has also filed a PIL against the remission, along with several other PILs, including one by CPI (M) leader Subhashini Ali, independent journalist Revati Laul and former Vice-Chancellor of Lucknow University Roop Rekha Verma.
