SC to hear pleas against release of 11 Bilkis Bano case convicts on November 29

The petitioners have been given time to file their reply to the affidavit filed by the Gujarat government

The Supreme Court on Tuesday allowed former CPI(M) MP Subhashini Ali and others to file their response to the Gujarat government's assertion defending the remission granted to 11 convicts in the case of Bilkis Bano gang rape and murders of her family members during the 2002 Gujarat riots.

The court also noted the Gujarat government’s response to petitions filed by former CPI (M) MP Subhashini Ali and others challenging the remission is very bulky, where instead of factual statements a series of judgements have been cited.

A bench presided over by Justice Ajay Rastogi orally said that he has not come across a counter affidavit where a series of judgements have been quoted.

Also Read | PIL against remission in Bilkis Bano case misconceived, filed with political machinations, Gujarat tells SC

Solicitor General Tushar Mehta, representing the Gujarat government, agreed with the observation, saying it could have been avoided.

“The judgements were mentioned for easy reference, it could have been avoided”.

Appearing for the petitioners, senior advocate Kapil Sibal sought time to file the response in the matter. He also said all convicts should be behind the bars.

Representing the convicts, advocate Rishi Malhotra submitted that strangers and third parties could not raise the challenge to the decision by the state government.

The court fixed the matter for further hearing on November 29.

In an affidavit, the Gujarat government told the Supreme Court that it decided to release the 11 convicts in the Bilkis Bano case as they had completed 14 years and above in prison and their behaviour was found to be good and also the Centre had also conveyed its “concurrence/ approval”.

The Mumbai Special Court, where the trial was transferred, and the CBI, the investigating agency, had opposed the plea for remission in March 2022.

In May 2022, acting on a petition by one of the convicts, the top court directed the state government to consider the matter as per the 1992 policy, the state government had said.