The Supreme Court on Thursday issued notice to Centre and Gujarat Government on pleas challenging the release of 11 convicts in the 2002 case of Bilkis Bano’s gangrape and murder of her family members.
A bench headed by Chief Justice NV Ramana asked the petitioners to implead all 11 who have been granted remission as parties in the matter.
The bench, also comprising Justices Ajay Rastogi and Vikram Nath, posted the matter for hearing after two weeks.
“Day in day out, those who are convicted and complete their sentence, they are eligible for remission…. What is the exception? …Was there application of mind in deciding remission petitions” the bench observed. During the hearing, senior advocate Kapil Sibal, appearing for the petitioners, referred to the facts of the case and said several people, including minors, were killed and a pregnant woman was raped. “The only question is, in these circumstances, what is the judicial review of the court in the context of remission,” he said.
Sibal said the petitioners want the apex court to look at the record and find whether there was application of mind. The Chief Justice of India referred to an apex court judgment in May this year. It said the State of Gujarat was the “appropriate Government” competent to examine the application filed for premature release of a life convict in a murder case, which was transferred from a court there to a Mumbai court for trial in August 2004. “I have seen somewhere that it is as if the court has granted permission for release. No,” Justice Ramana, who retires on Friday, observed.
The plea in the apex court has been filed by CPI(M) leader Subhashini Ali, journalist Revathy Laul and activist Roop Rekha Rani. TMC MP Mahua Moitra has also filed a separate petition. One of the counsels appearing in the matter said the petitioners are “third party” to the criminal prosecution in this case and have not made those, who were granted remission, as party in the plea.
“Why have you not included him as a party respondent?” the bench asked Sibal. The lawyer said the petitioners would make them party in the case. “Petitioners are directed to implead the persons who are released by virtue of order…. Issue notice. List after two weeks,” the bench said.
Bilkis Bano was 21 years old and five months pregnant when she was gangraped while fleeing the riots that broke out after the Godhra train burning in 2002. Her three-year-old daughter was among the seven killed. The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat Government allowed their release under its remission policy. They had completed more than 15 years in jail.