BILKIS MOVES SC ON RELEASE OF 11 CONVICTS
Bilkis Bano on Wednesday challenged the remission of sentence and release of convicts in the 2002 rape and murder case filing a plea before the Supreme Court.
The top court said it will consider listing the matter for hearing.
A bench comprising Chief Justice of India Dhananjaya Y Chandrachud and justice P S Narasimha took note of the submissions of lawyer Shobha Gupta that the victim herself has challenged the grant of remission and release of the convicts, and the matter be listed for hearing.
She said that justice Ajay Rastogi, who was part of the bench which had heard other similar pleas against the remission, was now part of a Constitution Bench hearing.
“The review has to be heard first. Let it come before Justice Rastogi,” the CJI said.
DELHI: Bilkis Bano on Wednesday approached the Supreme Court challenging the remission of the 11 convicts who walked free on August 15 this year. Chief Justice of India DY Chandrachud said he will look into the listing of the plea after her lawyer mentioned the matter on Wednesday before the Chief Justice of India.
A bench comprising the CJI and Justice P S Narasimha took note of the submissions of lawyer Shobha Gupta that the victim herself has challenged the grant of remission and release of the convicts, and the matter be listed for hearing.
She said that Justice Ajay Rastogi, who was part of the bench which had heard other similar pleas against the remission, was now part of a Constitution Bench hearing.“The review has to be heard first. Let it come before Justice Rastogi,” the CJI said.
The early release of the 11 convicts who were sentenced to life
imprisonment in the 2002 gangrape case drew nationwide criticism and several petitions questioning the decision of the Gujarat government were filed in the top court.
As the cases are being heard, Bilkis Bano’s lawyer on Wednesday filed a writ petition challenging the remission of the sentence. The 11 men are convicted for the gang rape of Bilkis Bano and the murder of seven of her family members during the 2002 riots.
As the Supreme Court heard the earlier petitions filed against the remission, the Gujarat government said the remission was granted to them because of their ‘good behaviour’.
The Gujarat government mentioned that the decision was approved by the Centre. However, its affidavit revealed that the CBI and the presiding judge of the trial court objected to the release of the convicts as their offence was grave and heinous.
The affidavit also revealed that one of the convicts was booked for sexual harassment of a woman while he was out on parole in 2020.
Ahead of the Gujarat Assembly Election 2022, the issue was at the centre of a political row after BJP MLA CK Raulji threw his weight behind Bilkis Bano rapists and said some of the convicts were brahmins with good ‘sasnkaar’.
In May 2022, a bench led by Justice Ajay Rastogi ruled that the Gujarat government had the jurisdiction to consider the remission request.
Advocate Shobha Gupta doubted whether Justice Rastogi would be able to hear the matter as he is now in a Constitution Bench hearing.