Bano is also seeking a review of apex court’s 13 May order that Gujarat had jurisdiction to decide on convicts’ remission plea even though trial had taken place in Maharashtra.
The Supreme Court is scheduled to hear arguments opposing the early release of 11 prisoners in the Bilkis Bano case on January 4, 2023. The petition that Bilkis herself filed is not included, though.
A bench of Justices Ajay Rastogi and Bela Trivedi will hear the cases. Recently, Justice Bela Trivedi withdrew from hearing Bilkis Bano’s appeal contesting the release on remission.
On December 17, the Supreme Court dismissed Bilkis Bano’s review petition, which questioned the early release of the 11 men convicted of gang-raping her and killing her family members in 2002. For the crime, all 11 of them received life sentences.
However, the Gujarat government authorised their release under its remission policy on August 15, and the 11 men who were found guilty in the crime in 2008 left the Godhra sub-jail.
What happened in the case
Bilkis Bano was 21-years-old and five-months pregnant when she was gang-raped while fleeing the riots. Her three-year-old daughter was among the seven family members killed.
The 11 convicts were given life sentences in 2008 by a special CBI court in Mumbai. Later, the Bombay High Court upheld the judgement.
On August 15, 2022, the 11 men who had been found guilty in the case were released from the Godhra sub-jail after the Gujarat government approved their release under its policy of remission. They’d spent more than 15 years behind bars.
The Gujarat administration came under fire for sticking with a “earlier” remission policy rather than the more recent 2014 remission policy, which disallows remission for murder and rape convictions.
Written by RISHAV RAJ, BBA.LL.B, 4th semester, (RNB GLOBAL UNIVERSITY).
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