Bilkis Bano moves Supreme Court against release of 11 convicts, CJI to look into

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Bilkis Bano on Wednesday approached the Supreme Court challenging the remission of the 11 convicts who walked free on August 15 this year.

Chief Justice of India DY Chandrachud said he will look into the listing of the plea after her lawyer mentioned the matter today before the CJI. The early release of the 11 convicts who were sentenced to life imprisonment in the 2002 gangrape case drew nationwide criticism and several petitions questioning the decision of the Gujarat government were filed in the top court. As the cases are being heard, Bilkis Bano’s lawyer on Wednesday filed a writ petition challenging the remission of the sentence.

The 11 men are convicted for the gang rape of Bilkis Bano and the murder of seven of her family members during the 2002 riots.

As the Supreme Court heard the earlier petitions filed against the remission, the Gujarat government said the remission was granted to them because of their ‘good behaviour’.

The Gujarat government mentioned that the decision was approved by the Centre. However, its affidavit revealed that the CBI and the presiding judge of the trial court objected to the release of the convicts as their offence was grave and heinous.

The affidavit also revealed that one of the convicts was booked for sexual harassment of a woman while he was out on parole in 2020.

Ahead of the Gujarat Assembly Election 2022, the issue was at the centre of a political row after BJP MLA CK Raulji threw his weight behind Bilkis Bano rapists and said some of the convicts were brahmins with good ‘sasnkaar’.

In May 2022, a bench led by Justice Ajay Rastogi ruled that the Gujarat government had the jurisdiction to consider the remission request. Advocate Shobha Gupta, who appeared for Bilkis Bano on Wednesday, doubted whether Justice Rastogi would be able to hear the matter as he is now in a Constitution Bench hearing. “The review has to be heard first. let it come before Justice Rastogi,” CJI said adding that he will decide on the listing of the plea after looking into it.

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