A bench of Chief Justice of India (CJI) NV Ramana and Justices Ajay Rastogi and Vikram Nath issued notice to the State and also directed that the eleven convicts be impleaded as parties.
“Issue notice. File your reply. We direct the 11 convicts to be impleaded in the case,” the Court said.
The 11 convicts who have been set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.
During the hearing the Court said that what it has to consider is whether under the Gujarat Rules, the convicts are entitled to remission and whether there was application of mind in this case while granting remission.
“We have to see whether there was application of mind in this case while granting remission. Are you saying remission cannot be granted,” the Court asked.
“We only want to see if application of mind was there,” replied petitioner counsel Senior Advocate Kapil Sibal.
“Please see the petition. Large number of lives were lost in communal riots. Even in Limkheda village of Dahod district, arson, looting and violence took place. Bano and Shamin with others were escaping. Shamim delivered a child..When the group of 25 people saw the prosecutrix and others escape, they said musalmaano ko maaro. 3-year-old child head was smashed to the ground, pregnant was raped,” he added.
Source: Barandbench
