Days after the Supreme Court quashed the remission granted by the Gujarat government, five convicts involved in the gang-rape of Bilkis Bano and the massacre of seven family members during the 2002 communal riots moved the Supreme Court on Thursday, seeking additional time to surrender.
The top court, on January 8, nullified the remission granted to the 11 convicts in the high-profile case, criticizing the State for being “complicit” with an accused and abusing its discretion. The court ordered the convicts, who were released prematurely on Independence Day in 2022, to return to jail within two weeks.
The reasons cited for seeking an extension of the surrender deadline include failing health, impending surgery, son’s marriage, and the harvesting of ripe crops. The matter was mentioned before a bench of Justices B V Nagarathana and Sanjay Karol, which instructed the registry to place the applications before Chief Justice D Y Chandrachud.
The bench stated, “It is stated by the respondents that applications have been filed for an extension of time to surrender and report to jail. Since the bench has to be reconstituted, the registry to seek orders from CJI for reconstitution of the bench since time expires on Sunday.”
Senior advocate V Chitambaresh, representing some of the convicts, mentioned the matter and sought its urgent listing on Friday since the surrender deadline expires on January 21.
The five convicts seeking relief are Govind Nai, Pradeep Mordhiya, Bipin Chandra Joshi, Ramesh Chandana, and Mitesh Bhatt. They cited various reasons in their pleas, such as health issues, impending surgery, responsibility for family affairs, and the need to tend to crops.
The convicts released prematurely include Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Mordhiya, Radheshyam Shah, Rajubhai Soni, Ramesh Chandana, and Shailesh Bhatt. The Supreme Court criticized the Gujarat government for remitting their sentences, stating that it “usurped” the power of the Maharashtra government to grant remission. The case was transferred from a Gujarat court to a Mumbai court, and the Supreme Court emphasized that the Maharashtra government was authorized to grant remission.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped during the 2002 communal riots. Her three-year-old daughter was among the seven family members killed.
