Supreme Court Sets Final Hearing Date for Pleas Challenging Remission in Bilkis Bano Case

The Supreme Court has scheduled the final hearing on a group of petitions challenging the remission granted to the 11 convicts in the Bilkis Bano gang-rape case and the murder of her family members during the 2002 Gujarat riots. The bench comprising justices BV Nagarathna and Ujjal Bhuyan announced that the pleadings in the matter are complete and all the respondents have been served notices. The court set August 7 as the date for the final hearing and instructed all parties to submit short written submissions, synopses, and a list of dates.

During the hearing, advocate Shobha Gupta, representing Bilkis Bano, informed the court that notices were published in local newspapers on June 1, and she had filed an affidavit on June 7 confirming this. Senior advocate Indira Jaising and advocate Vrinda Grover, also representing the petitioners, stated that notices were published as directed by the court in their cases as well. Grover requested permission to present additional documents, including the original remission order of the Gujarat government.

Solicitor General Tushar Mehta, representing the Gujarat government and the Centre, agreed to the petitioners' request to place the original remission order on record, as it had already been submitted by the state. The bench, considering the matter listed for directions, fixed August 7 as the date for the final hearing. The court granted three weeks to the counsel for the petitioners to file their replies and allowed the convicts to file their counter affidavits in response to the petitions challenging the remission.

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History of the Case

Previously, on May 9, the Supreme Court ordered the publication of notices in local newspapers, including in Gujarati and English, for the convicts who could not be served notices. This included one convict whose house was found locked and phone switched off by the local police. On May 2, the court had deferred the hearing due to objections raised by some counsel for the convicts regarding the non-receipt of notices for the pleas challenging the remission.

The Centre and the Gujarat government clarified that they were not claiming any privilege and would not file a plea for a review of the court's March 27 order to produce the original records regarding the remission granted to the convicts. The Gujarat government raised preliminary objections regarding the petitions filed by third parties, other than Bilkis Bano, in the matter, stating that it could set a precedent for such cases.

In April, the Supreme Court had questioned the Gujarat government about the remission granted to the 11 convicts, emphasizing that the severity of the offense should have been considered before granting leniency. The court also inquired about the frequent parole granted to the convicts during their incarceration and highlighted that remission should be proportionate to the crime committed.

The apex court had sought responses from the Centre, the Gujarat government, and others on the plea filed by Bilkis Bano, who challenged the remission of the sentences. The Gujarat government had granted remission to all 11 convicts, who were subsequently released on August 15 of the previous year. Apart from Bilkis Bano's petition, several other PILs filed by various individuals, including political leaders and journalists, have challenged the remission. The horrific incident involved Bilkis Bano, who was 21 years old and five months pregnant at the time, being gang-raped while fleeing the communal riots that occurred after the Godhra train-burning incident.