India 161st in terms of journalistic freedom says Top Court, "It depends who is giving these rankings", replies SG Mehta
This exchange occurred after the Supreme Court had directed that a public notice in the local newspapers may be published for effectuation service to all unserved respondent accused in the Bilkis Bano case.
The Supreme Court today while hearing the pleas challenging remission granted to 11 convicts in the Bilkis Bano case, remarked that India stands at the 161st position in terms of journalistic freedom.
To this statement made by Justice KM Joseph, Solicitor General Tushar Mehta responded saying that it depended on who was giving these rankings.
This exchange took place at the end of the hearing, where the top court directed that a public notice be published in local newspapers in the state of Gujarat to served the unserved respondents in the matter.
"In writ petitions where service is not complete on private respondents, the petitioner will take steps for fresh service. We direct publication of a public notice for all unserved private respondents. We also direct publication of notice in Gujarat Samachar. Notice shall indicate next date of hearing as July 10, 2023", the Supreme Court bench also comprising Justices BV Nagarathna and Ahsanuddin Amanullah ordered.
Such a direction came to be issued after the Court was informed that service of notice could not be completed on one of the respondent-accused in the matter.
"These people are on remission, our concern is that these people should at least report fortnightly. The rule precisely says that if there is a criminal case, warrant can be issued. Please see Section 64 and 65 of CrPC", Advocate Shobha Gupta told the court today.
She further apprised the bench that when the SI concerned had called the respondent on multiple occasions, his phone was switched off. "R9 is the person concerned Milord.. As per Section 64, it says any adult male member of the family.. the male member of the family refused to accept service..the notice has been pasted on the main door of his residence by the officer", Gupta added.
In March, the Supreme Court had issued notice in all the Public Interest petitions filed against the remission granted to 11 convicts who gangraped Bilkis Bano in Gujarat in 2002.
On August 16, 2022 all 11 life imprisonment convicts in the 2002 post-Godhra Bilkis Bano gang-rape case of Gujarat were released from the Godhra sub-jail after a state government panel approved their application for remission of sentence.
In her petition, Bano has stated that she was not even made party respondent by the accused persons in the writ petition concerning remission and that this was the reason that she had absolutely no information of the filing or pendency of the said writ petition or the order passed therein by the Top Court till the writ petitioner and other 10 co-convicts/prisoners were prematurely released on 15.08.2022.
She has submitted that the accused persons concealed important documents/ material from the Supreme Court which are very necessary for proper adjudication of the review petition and issue in hand, the present petitioner would therefore be filing an application seeking permission to bring on record additional facts and documents.
Case Title: Bilkis Yakub Rasool vs. Union of India & Ors.