Bilkis Bano case: SC to hear arguments on pleas challenging premature release of convicts on Oct 11

The Supreme Court Monday deferred to October 11 the final hearing on petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the 2002 Gujarat riots.

“We will have it on Wednesday,” a bench of Justices B V Nagarathna and Ujjal Bhuyan said, adding it will try to conclude hearing the matter the same day.

The top court said it has received written submissions of the petitioners which have been taken on record.

"List on October 11, 2023 at 2 pm,” the bench, which was scheduled to hear the rejoinder submissions of those opposed to the premature release of the convicts, said.

The bench had on October 6 asked the counsel for the petitioners, including Bilkis Bano, to file their short-written rejoinder arguments.

While hearing the matter on September 20, the top court had asked whether convicts have a fundamental right to seek remission.

"Is the right to seek remission a fundamental right? Will a petition lie under Article 32 (that deals with citizens' right to move the apex court directly if their fundamental rights are infringed) of the Constitution," the bench had asked a lawyer appearing for one of the 11 convicts. The lawyer had acknowledged seeking remission was indeed not a fundamental right of the convicts.

The victim and others also do not have the right to move the apex court directly by filing a petition under Article 32 as no fundamental right of theirs has been infringed either, he had argued, adding the victims have other statutory rights to challenge the grant of remission.

While hearing the arguments on August 17, the top court had said state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.

Besides the petition filed by Bilkis Bano contesting the remission granted to them by the Gujarat government, several other PILs including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma have challenged the relief. TMC MP Mahua Moitra has also filed a PIL against the remission and their premature release.

Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the seven family members killed in the riots.