Bilkis Bano case: SC issues notice to Gujarat government on plea challenging release of 11 convicts

The 11 convicts walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy

The Supreme Court on Thursday issued notice to the Gujarat government, seeking its response on a plea challenging the release of 11 men convicted for the gangrape of Bilkis Bano and murder of 14 people during the 2002 Gujarat riots while clarifying that it did not grant permission for remission to the convicts, instead it had asked the government to consider the matter.

A bench of Chief Justice N V Ramana and Justices Ajay Rastogi and Vikram Nath also asked senior advocate Kapil Sibal, appearing for PIL petitioner former MP Subhashini Ali and others, merely because the act was horrific, is that sufficient to say remission is wrong?

Notably, acting on a plea by one of the convicts Radheshyam Bhagwandas alias Lala Vakil, a Supreme Court's bench of Justices Rastogi and Nath had on May 13, 2022, directed the Gujarat government to take a decision within two months on an application for premature release.

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On August 15, the Gujarat government released the convicts on remission, as the convicts completed more than 15 years in jail, creating a huge political controversy.

On Thursday, taking up the matter, Justice Rastogi also asked Sibal, "Day in and day out, remission is granted to convicts of a life sentence, what is the exception (in this matter)?”

Sibal, for his part, tried to highlight the severity of the offence.

The court, however, asked him to confine himself to the question of remission, saying whatever they have committed, they had already been convicted.

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The court issued notice to the state government and sought its reply within two weeks. It also directed for making the convicts parties to the petition, as their counsel contended they might suffer the prospect of incarceration.

The state government, for its part, submitted that the petitioners were strangers to the case.

In January 2008, a special CBI court in Mumbai sentenced the convicts to life imprisonment for gang rape and murder of seven members of Bilkis Bano's family. The Bombay High Court upheld their conviction.