Let's see what judgment comes in bilkis Bano Today 🤔💭

We will be bringing a summary of it.
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#Question

What is Triple Chain of Accountability?


I love Active Audience 🙂

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😮 However Dissenting Judges –
In Janhit Abhiyan v. UOI 2022
1. Justice Bhat
2. CJI UU Lalit states that–

"Permitting the breach of the 50% rule would become a gateway of further infractions which would result in compartmentalisation. The rule of equality would then be reduced to the right of reservation, leading us back to the days of Champakam Dorairajan.
In this regard the observations of "Ambedkar have to be kept in mind that reservations are to be seen as temporary and exceptional or they could eat up the rule of equality."

Option (d) of preceding MCQ has mistake - The year is 2022 (No one pointed it out 😏)
#quote
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#quote

"Constitution is not a mere lawyers' document; it is a vehicle of Life, and its spirit is always the spirit of Age."

- Dr. B.R. Ambedkar

Usage- On the Role of Judiciary and Judicial Review

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BREAKING | Supreme Court Set Aside Remission Of 11 Convicts In Bilkis Bano Case
https://www.livelaw.in/top-stories/supreme-court-bilkis-bano-remission-11-convicts-246096

As expected by me and many others.

I have shared one MCQ on a Judgment, soon I will tag it so that you can relate it with the summary of judgment.

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Delhi High court Important judgments 2023

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🤩 Delhi High court Important judgments 2023 Part 2

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🥳 As promised Delhi Judiciary Mains Candidates

These Judgments are enough for Mains, Atleast you should do these 60-70 Judgments of your subject.

Jo nahi de raha mains they can also mark important 10-15 for next vacancy.

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🤩 Madras High court Important judgments 2023 Part 2

For people who are preparing for Tamil Nadu.

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🤩 Kerala High Court Important judgments 2023 Part 2

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Pre-Cognizance Hearing Of Accused : Changes Under Bharatiya Nagarik Suraksha Sanhita (New CrPC) On Magistrate's Cognizance Of Complaints

Remand 15 days

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✍️💭 #quote

Constitutional morality is not a natural sentiment. It has to be
cultivated. We must realize that our people have yet to learn it.
Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.
~ B. R. Ambedkar, Constituent Assembly Debates, 1948
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संविधानिक नैतिकता एक प्राकृतिक भावना नहीं है। इसे पोषित किया जाना चाहिए। हमें यह समझना चाहिए कि हमारे लोग इसे अभी सीखना बाकी हैं। भारत में लोकतंत्र केवल एक भारतीय भूमि पर एक शीर्षक के रूप में है, जो मौखिक रूप से अलोकतांत्रिक है।
~ बीo आरo अम्बेडकर, संविधान सभा बहस, 1948


Note- Translation version is provided not only for Hindi students but also to others for translation paper, so read both (English and Hindi is preferred but we respect each & every language)

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The one who follows our updates must have given the correct answer.

🌟 IT act MPCJ Prelims 2024

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#Quote


Equality and arbitrariness are sworn enemies; (one belongs to the rule of law in a republic) while the other to (the whim and caprice of an absolute monarch)

~ Bhagwati in Maneka Gandhi


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👩‍⚖️👨‍⚖️ Remission Quashed #Case_brief

🌟 Division bench- B.V. Nagarathna, Ujjal Bhuyan
🌟 5 Issues were disccused

✅ Whether the petition filed by Bano, one of the victims, under Article 32 of the Constitution was maintainable❓

Answer - YES

✅ Whether the petitions filed as public interest litigation (PIL) petitions were maintainable (LOCUS STANDI)❓

Answer - Not Answered as not required because one of the victim, bilkis herself approached.

✅ What is the competence of the State of Gujarat to pass these remission order ❓

✓ Direction was issued in a WRIT PETITION filed by one of the convicts, Radheshyam Shah, by SUPPRESSING MATERIAL FACTS like an earlier decision of the Gujarat High Court and the Opinion Of The Presiding Judge and making misleading statements. This decision was a nullity, inasmuch as it was hit by fraud and the doctrine of per incuriam, the court held. The Court also held that the Radheshyam Bhagwandas Shah @ Lala Vakil v. state of gujarat 2022 (which held that Gujarat Government was competent to decide remission) was per incuriam (lack of care) as it was contrary to the plain letter of the statute as well as binding judgments of the Supreme Court.

Section 432 - This clearly means that the place of occurrence of the incidence or place of imprisonment are not relevant considerations, and they have been excluded from the definition of 432 CRPC The intent of legislature is that the appropriate government is of the state within which a convict was tried and sentenced.

💯 Image is shared below for Doctrine of Per incurium and Rule of Law Article

Judgment predicted by me
😎 Really it was easy -


✅ Whether the impugned remission orders were in accordance with law❓

Answer- "The exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power. This is a classic case where the order of this court was used to violate the rule of law by granting remission. On that ground also, the remission orders deserve to be quashed,"

✓✓ Very Important - Court criticised Gujarat Government for not taking review of this order (radheyshyam)
This statement raises two things- Court should go deep inside the issue as well as think out of the box, as it is the responsibility of the state to protect the rights of citizens, but that is not the case here.

✅ What would follow when the remission orders have been set aside❓(delicate issue)

Bench considered- Rule of Law - Personal Liberty U/A 21

Justice Nagarathna asked-
Can liberty be upheld in case of breach of Rule of Law❓

🚨 Role of constitutional courts in being a 'beacon' in upholding the rule of law, which she insisted, must be preserved "unmindful of the ripples of the consequences".

✓ Offcourse - Convicts to be sent back to jail

🧠 Reason- It is the duty of this court to correct arbitrary orders at the earliest and to retain the foundation of trust of the public...We cannot forget the conduct of the convicts, particularly, the one who had abused the process of this court.

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📍👩‍👧👩‍👦Brief Facts | Timeline
● 𝗗𝗮𝘁𝗲 𝗼𝗳 𝗰𝗿𝗶𝗺𝗲: March 3, 2002, during the Gujarat riots

● 𝗩𝗶𝗰𝘁𝗶𝗺: Bilkis Bano, a 19-year-old pregnant woman

● 𝗖𝗿𝗶𝗺𝗲: Gangrape of Bilkis Bano and murder of 14 family members.

● 𝗜𝗻𝗶𝘁𝗶𝗮𝗹 𝘁𝗿𝗶𝗮𝗹: Gujarat court acquitted all accused in 2003

● 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝘁𝗼 𝗠𝘂𝗺𝗯𝗮𝗶 𝗰𝗼𝘂𝗿𝘁: Retrial ordered by Supreme Court in 2004

● 𝗖𝗼𝗻𝘃𝗶𝗰𝘁𝗶𝗼𝗻: 11 men sentenced to life imprisonment in 2008

• High court of Gujarat Order 2020

• SC Writ Order (radheyshyam) (per incurium) 2022

• Remission granted by Gujarat government 15th Aug 2022

• SC final verdict --> Bilkis Yakub Rasool v. Union of India 2024

• Maharashtra Remmission Policy will decide.

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