New Delhi: Bilkis Bano has approached the Supreme Court of India in a writ petition challenging the premature release of the 11 convicts sentenced to life for gang rape and murder during the 2002 Gujarat Riots, reported Live Law.
Bano has also sought a review petition against the Supreme Court’s judgment allowing the Gujarat Government to make a decision on the remission of the convicts.
Advocate Shobha Gupta, appearing for Bano, mentioned the petitions before Chief Justice of India DY Chandrachud today morning. She expressed doubt if the bench led by Justices Ajay Rastogi (who authored the previous judgment allowing Gujarat to decide the remission plea) would be able to hear the matter, as he is now in a Constitution Bench hearing. CJI Chandrachud stated: “The review has to be heard first. Let it come before Justice Rastogi.”
When Advocate Gupta submitted that the matter had to be heard in an open court, CJI added: “Only the court can decide that.”
CJI said that he will decide on the listing after looking into the matter today evening.
In May 2022, a bench led by Justice Rastogi ruled that the Gujarat Government had the jurisdiction to consider the remission request as the offense took place in Gujarat. The Gujarat High Court had earlier held that remission had to be considered by the State of Maharashtra, as the trial was held in Mumbai, upon transfer from Gujarat, reads the report.
Later, on 15 August 2022, all eleven convicts were released. Visuals of the released convicts getting a heroic welcome became viral on social media, leading to an outcry among several sections. In this background, a bunch of PILs was filed in the Supreme Court questioning the relief granted to the convicts.
CPI(M) leader Subhashini Ali, journalist Revati Laul, TMC MP Mahua Moitra, former IPS officer Meeran Chadha Borwankar and a few other former civil servants, National Federation of Indian Women, etc., were some of the petitioners, as per Live Law’s report.
Responding to the petitions, the Gujarat Government has told the Supreme Court in an affidavit that the decision was taken after the approval of the Central Government, considering the good behaviour of the convicts and the completion of 14 years sentence by them. The State’s affidavit revealed that the CBI and the Presiding Judge of the Trial Court (Special CBI Court at Mumbai) objected to the release of the convicts on the ground that the offence was grave and heinous.
The annexures in the State’s affidavit further showed that one of the convicts was booked for sexual harassment of a woman while he was out on parole in 2020.
Now, the victim of the crime herself has approached the Court questioning the decision to release the convicts, reads the report.
