SC assures Bilkis Bano of early hearing
New Delhi: The Supreme Court on Tuesday assured Bilkis Bano, who was gang-raped, and seven members of her family killed during the 2002 Gujarat riots, that her plea against the remission of the sentence of 11 convicts will be heard soon after the constitution of a new bench.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed at the earliest.
Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.
CJI Chandrachud said, “I will do so at the earliest. The matter will be listed soon”.
Earlier, on January 24, the hearing on Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
On that day, the petition was listed for hearing before a bench of Justices Rastogi and CT Ravikumar.
Both Justices Rastogi and Ravikumar were then busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on the execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
On January 4, Justice Trivedi had recused from hearing a batch of pleas challenging the remission of the sentence of 11 convicts in Bano’s case.
Bano had moved the apex court on November 30, 2022 challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2022 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All 11 convicts were granted remission by the Gujarat government and released on August 15, last year. Bano’s review plea against the May 13, 2022 order, however, was dismissed by the top court in December last year.
The victim, in her pending writ petition, has said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
