Bilkis Bano Case: SC Defers Hearing On Pleas Challenging Remission Of 11 Convicts To May 9

The Supreme Court recently adjourned the hearing on a batch of pleas to May 9 challenging the remission granted to the 11 convicts last year gangrape case of Bilkis Bano and murder of her family members during the 2002 post-Godhra riots.

The bench of justices KM Joseph and BV Nagarathna was told by Solicitor General (SG) Tushar Mehta, appearing for the Centre and the Gujarat government that they aren’t asserting any privilege and also not filing any plea for the review of March 27 order of the court, that asked for the production of the original records, with regards to the remission granted to the convicts.

The SG, at the outset, raised preliminary objections with regard to petitions filed in the matter other than by Bano, stating that it will have wide results as now and then 3rd parties will come to the courts in matter to criminal cases.

On May 9, the bench fixed for hearing matters as many counsel for convicts have been released in the case.

Justice Joseph stated, “We are only fixing timelines, so that whichever court takes up the matter, it will not have to waste time on these procedural issues. I am retiring during vacation on June 16. My last working day will be on May 19. My sister (Justice Nagarathna) will be going to attend a conference in Singapore till May 25. If all of you agree, then we can sit during vacation and finish hearing this case.”

However, the SG, urged to the court that the listing might be done in the matter before summer vacation.

Advocate Shobha Gupta stated that the matter will take a short space of time as only the question of law needs to be decided.

Justice Joseph told Gupta that, “It is apparent from the way counsel appearing for convicts that they do not want this hearing to take place. Every time the matter will be called up, one person or the other will come and say that he needs time to file a reply. It is more than obvious.”

However, the bench stated that the new bench will be taking up the matter in the second week of July for hearing.

Senior advocate Siddharth & advocate Rishi Malhotra, appeared for the convicts, stated that what was the “tearing hurry” in case hearing after counsel for Bano and others requested that the matter be taken up before vacation.

Malhotra said that, “We have been released and are out for around one year. There should not be any tearing hurry.”

Therefore, he added that he wants to file some preliminary objections to the writ petition filed by Bano against the suspension, saying that the Supreme Court rules don’t permit the writ petition filing after a review against the main judgement that has been dispersed.

On April 18, the apex court questioned Gujarat government over the remission granted to the 11 convicts last year, stating the gravity of offence that should have been considered and asked whether there was any application of mind.

Asking for reasons for the premature release of the convicts, the supreme court questioned the bail granted to them during their incarceration period. “The remission is a kind of grace which should be proportional to crime.”.

Also, the Centre & Gujarat government told the court that they may file a plea seeking review of its March 27 order asking them to be ready with original files on the grant of remission.

On March 27, terming the Bilkis Bano’s gang rape and the murder of her family members during the 2002 Godhra riots as a “horrendous” act.

Furthermore, the top court asked the Gujarat government whether uniform standards, as followed in other cases of murder, were practiced while granting remission to the 11 convicts in the case.
All 11 convicts were granted suspension by the Gujarat government that was released on August 15 last year.

Therefore, the top court is seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.

Bano was 21 years old and 5 months pregnant when she was gang-raped while fleeing from the riots that broke out after the Godhra train burning incident. Her 3-year-old daughter was among the 7 family members killed in the riots.