SC to hear pleas challenging premature release of 11 convicts in Bilkis Bano case

NEW DELHI: The Supreme Court said on Friday it will hear on October 9 the arguments on petitions challenging the premature release of 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the 2002 Gujarat riots.

A bench of Justices B V Nagarathna and Ujjal Bhuyan asked the counsel for the petitioners, including Bilkis Bano, to file their short written rejoinder arguments.

One of the advocates appearing in the matter said arguments on behalf of the convicts have been concluded and now the matter has been fixed for hearing rejoinder submissions by the petitioners’ counsel.

“We don’t want re-opening of the whole case again at your instance,” the bench told the lawyer, adding that it would be better if the petitioners counsel file a short note of their rejoinder arguments.

“List on October 9 at 2 pm. In the meanwhile, counsel for the petitioners to file their short written arguments ,” the bench said.

While hearing the matter on September 20, the top court had asked whether convicts have a fundamental right to seek remission.

“Is the right to seek remission a fundamental right? Will a petition lie under Article 32 (that deals with citizens’ right to move apex court directly if their fundamental rights are infringed) of the Constitution,” the bench had asked a lawyer appearing for one of the 11 convicts. The lawyer had acknowledged seeking remission was indeed not a fundamental right of the convicts.