'Harvest Season, Son's Marriage, Health Issues, Aged Parents' : Reasons Cited By Bilkis Bano Case Convicts For Extension Of Time To Surrender

The Supreme Court will hear today multiple applications filed by the convicts in the Bilkis Bano case seeking an extension of time to surrender before jail authorities. Last week, in a significant development, the Supreme Court set aside the remission orders passed by the Gujarat government allowing the premature release of the 11 convicts sentenced to life imprisonment for multiple murders and gang rapes against the backdrop of the 2002 Gujarat communal riots. The life-termers were released early by the State of Gujarat in August 2022 after only serving 14 years of sentence, in terms of a 1992 remission policy. However, a bench comprising Justices BV Nagarathna and Ujjal Bhuyan, has now ruled that the State of Gujarat lacked jurisdiction to grant remission in the case as the trial was held in the State of Maharashtra and granted the convicts two weeks time till this Sunday to surrender.In view of the impending deadline, Senior Advocate V Chitambaresh, appearing for three convicts, mentioned their applications before a bench led by Justice Nagarathna yesterday morning seeking an urgent hearing of the extension pleas. The judge was also informed that more applications would be filed in the course of the day. In response, Justice Nagarathna directed the registry to obtain instructions from Chief Justice DY Chandrachud on the issue of reconstitution of the bench that handed out this verdict and the listing of the applications today. A bench comprising Justices BV Nagarathna and Ujjal Bhuyan will hear the applications today.Below are the names of the convicts who have sought an extension of the time granted for surrendering before jail authorities and the reasons cited in support of such request -Sl No.Name of ConvictTime SoughtReason(s) Cited1Radheshyam Bhagwandas Shah (R3)Six weeksLooks after aged parents with health issues, wife and 21-year-old son, has to make financial arrangements before surrendering2Jaswantbhai Chaturbhai Nai (R4)Six weeksUpcoming harvest season, entire family dependent on agricultural income3Govindbhai Nai (R5)Four weeksSole caretaker of aged parents with health issues as well as two children, own medical conditions like asthma and haemorrhoids4Shaileshbhai Chimanlal Bhatt (R6)Six weeksSon's marriage, upcoming harvest season, age and medical conditions5Bipinchand Kaniyalal Joshi (R7)Six weeksLeg surgery leading to partial handicap, looks after brother and wife, the latter battling cancer6Kesharbhai Khimabhai Vohania (R8)Six weeksSon's marriage, medical conditions7Pradip Ramanlal Modhiya (R9)Four weeksWife's death, lung surgery8Rajubhai Babulal Soni (R11)Six weeksLooks after aged mother with health issues, wife and two sons, has to make financial arrangements before surrendering9Mitesh Chimanlal Bhatt (R12)Six weeksUpcoming harvest season, son's surgery10Ramesh Rupabhai Chandana (R13)Six weeksHeart ailment, upcoming harvest season, fixing son's marriage, looks after aged and ailing motherThe Supreme Court on January 8 set aside the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat. After an 11-day-long hearing that began in August, a division bench of Justices BV Nagarathna and Ujjal Bhuyan had reserved its judgment in this case on October 12. Advocate Shobha Gupta appeared for Bilkis, while Senior Advocates Indira Jaising, and advocates Vrinda Grover, Aparna Bhat, Nizamuddin Pasha, and Pratik R Bombarde represented various public interest litigants. Additional Solicitor-General SV Raju appeared for both the State of Gujarat and the Union of India. The now-released convicts were represented by Senior advocates Sidharth Luthra, Rishi Malhotra, S Guru Krishnakumar, Advocate Sonia Mathur, and others.The reports about the judgment can be read here.Case TitleBilkis Yakub Rasool v. Union of India & Ors. | Writ Petition (Criminal) No. 491 of 2022

'Harvest Season, Son's Marriage, Health Issues, Aged Parents' : Reasons Cited By Bilkis Bano Case Convicts For Extension Of Time To Surrender

Awstika Das

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