It regretted that 20 years later, the turn of events and the Gujarat government's conduct justified the original decision to shift the trial outside the state to ensure fairness and justice, while touching upon a raft of key legal issues that will go a long way in criminal law jurisprudence.
The judgment by the bench of justices BV Nagarathna and Ujjal Bhuyan cements some concrete principles of criminal laws that must ascertain justice for the victims of crime and compliance of the State with the rule of law.
Right of a victim to directly move the top court against remission
Bano's writ petition under Article 32 of the Constitution was challenged by several convicts. They argued that her plea should not be entertained by the top court because allowing a victim to challenge remission orders through a writ petition could open floodgates of litigation. The convicts said that she must approach the high court where the alternative remedy of filing a writ petition under Article 226 of the Constitution was available. They also pointed out that the only legal remedy Bano could avail of in the apex court was to file a curative petition against the dismissal of her review petition that had assailed the May 2022 order of the Supreme Court whereby the Gujarat government was asked to take a call on the remission of the convicts.
But the bench shot down all these contentions. Justice Nagarathna, writing the judgment, highlighted that the right to file a petition under Article 32 of the Constitution is also a fundamental right and that Bano has filed her writ petition under Article 32 to enforce her fundamental rights under Article 21 of the Constitution, which speaks of right to life and liberty, and Article 14 which deals with right to equality and equal protection of the laws.
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
The King and his kingdom
The Norwegian has been the biggest force in the chess world for over a decade; though Gukesh could run him close in the future, he remains the player to beat
Yale is set to offer a course on Beyoncé and her legacy
Get in formation, Beyoncé fans! Queen Bey is heading to Yale University—well, sort of. Next year, the Ivy League school is launching a course that dives deep into the cultural legacy of pop icon Beyoncé, the most Grammy-nominated artist ever with 99 nods.
Cutting production costs a collective responsibility: Aanand L Rai
Filmmaker Aanand L Rai, in a career spanning close to two decades, has directed films such as Zero (2018) and Atrangi Re (2021), which featured big names like Shah Rukh Khan and Akshay Kumar, respectively.
RAIMA SEN DREAMS OF REMAKING GRANDMUM'S DEEP JWELE JAAI
The actor tells us about Bengali cinema's growth and wanting to remake Suchitra Sen's film
Aitraaz 2 is in the making: Subhash Ghai confirms
On Tuesday, Aitraaz, starring Akshay Kumar, Priyanka Chopra and Kareena Kapoor Khan, clocked in 20 years. On reaching out to Subhash Ghai to talk about the milestone, the filmmaker gives us an exclusive big update —
Avneet Kaur's Mission Possible! Meets Tom Cruise on MI sets
Actor Avneet Kaur left everyone surprised after she met Hollywood actor Tom Cruise on the sets of his upcoming film Mission: Impossible – The Final Reckoning.
Jurel lifts bleak batting mood ahead of Oz Tests
The 'keeper's fine fifties for India A at the MCG puts him in contention with many specialist batters struggling
Jurel lifts bleak batting mood ahead of Oz Tests
The keeper’s fine fifties for India A at the MCG puts him in contention with many specialist batters struggling
PCB SEEKS ICC’S CLARIFICATION ON INDIA’S REFUSAL TO TRAVEL TO PAK FOR CT 2025
Responding to a letter from the International Cricket Council (ICC) on India's refusal to travel to Pakistan for the 2025 ODI Champions Trophy, the Pakistan Cricket Board (PCB) has written back seeking more clarification on the matter.
Rupali sends defamation notice to stepdaughter Esha
In the latest twist in the controversy between actor Rupali Ganguly and her stepdaughter Esha Verma, we have learnt that Rupali has sent a defamation notice to Esha.