The Supreme Court has scheduled the final hearing for August 7 in a case involving the remission granted to 11 convicts in the Bilkis Bano gang rape and murder case during the 2002 Gujarat riots. The bench of justices BV Nagarathna and Ujjal Bhuyan confirmed that all pleadings were complete, and notices had been served to all the convicts through newspaper publications or directly.
Advocate Shobha Gupta, representing Bilkis Bano, informed the court that notices were published in local newspapers on June 1, and she filed an affidavit on June 7. Other petitioners’ advocates, Indira Jaising and Vrinda Grover, also confirmed that notices were published as directed by the court. Grover sought permission to submit additional documents, including the original remission order from the Gujarat government.
Solicitor General Tushar Mehta, representing the Gujarat government and the Centre, agreed to allow the petitioners to submit the original remission order if they wished to do so. The court granted three weeks for the parties to file their replies and written submissions, focusing on key issues and arguments.
On May 9, the court directed the publication of notices in local newspapers, including Gujarati and English, to reach convicts who could not be served notices for various reasons. The hearing was deferred on May 2 after objections were raised about some convicts not receiving notices.[1]
The court had questioned the Gujarat government’s decision to grant remission to the 11 convicts on April 18, emphasizing that the gravity of the offense should have been considered before showing leniency. It also raised concerns about frequent paroles granted to convicts during their incarceration, stating that remission should be proportional to the crime.
Bilkis Bano, who was 21 years old and pregnant at the time of the incident, was gang-raped during the 2002 Gujarat riots, which also resulted in the murder of seven of her family members. All 11 convicts were granted remission and released on August 15 of the previous year.[2]
Apart from Bilkis Bano’s petition, several other public interest litigations (PILs) have challenged the remission, filed by individuals and organizations such as CPI(M) leader Subhashini Ali, independent journalist Revati Laul, former vice-chancellor of Lucknow University Roop Rekha Verma, and TMC MP Mahua Moitra[3].
In this case, the court sought responses from the Centre, the Gujarat government, and others regarding applying uniform standards for granting remission. The matter has been a subject of intense debate due to its sensitive nature and the need for a fair consideration of the severity of the crime during the Gujarat riots.
WRITTEN BY- SWATI SUMAN, COLLEGE NAME – MODY UNIVERSITY OF SCIENCE AND TECHNOLOGY, RAJASTHAN, SEMESTER- 9TH SEMESTER AN INTERN UNDER LEGAL VIDHIYA
[1] https://economictimes.indiatimes.com/news/india/bilkis-bano-case-sc-fixes-aug-7-for-final-hearing-of-pleas-against-remission-to-convicts/articleshow/101833267.cms?from=mdr
[2] https://timesofindia.indiatimes.com/india/bilkis-bano-case-sc-sets-august-7-as-final-date-for-hearing-pleas-against-remissions-of-all-convicts/articleshow/101828360.cms
[3] https://www.livelaw.in/top-stories/supreme-court-bilkis-bano-case-challenge-remission-eleven-convicts-august-7-232940?infinitescroll=1
