Mumbai: While rejecting the intervention application filed by gangrape victim Bilkis Bano in the aftermath of Godhra riots, the Bombay High Court said, “We understand the anxiety and cry of the victim to come before the Court.”
A division bench of Justice V K Tahilramani and Justice Mridula Bhatkar recorded the reasons in the order of intervention and said, “The State is also keen to pursue the matter further and the Special Prosecutor for CBI and Prosecutor for State both have laboured to respond in Appeals against conviction filed by the accused. Thus, it is not the case wherein the victim’s case is not represented so as to make it necessary to give audience to the victim.”
The bench recorded, “We understand the anxiety and cry of the victim to come before the Court for audience, however, we have taken note that the prosecution has represented her case.” The order read, “Claim of the accused to have fair trial as per the principles and procedure laid down by the law cannot be denied.”
The order added, “If the learned counsel for the victim thinks that certain aspects are not made clear or not argued, then he may point it out to the Prosecutor and accordingly the submissions can be heard. Under such circumstances, we are not inclined to use our inherent powers under section 482 of CrPC, (could be exercised to quash proceedings, in appropriate cases either to prevent the abuse of the process of any courts or otherwise to secure the ends of justice) the application is rejected.”
Ms Bano’s intervention sought to be heard on conviction and enhancement of sentence against the accused. It said that certain facts are twisted to mislead the court therefore the intervention is necessary.
The court was hearing appeals filed by those convicted in the gangrape and killing of 2002. The State government had filed an appeal against acquittal of seven people and an appeal was also filed for enhancement of sentence against three others seeking death penalty.
Published - November 23, 2016 10:34 pm IST
