Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts

The Supreme Court has once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.Last month also, CJI DY Chandrachud had said that he will constitute a special bench to take up the matter. A special bench is necessitated as the regular combination os of Justice Ajay Rastogi and Justice Bela Trivedi (who had recused from hearing the matter). The matter needs to be placed before a bench led by Justice Rastogi, as he had authored the judgment delivered in May 2022 which allowed Gujarat Government to decide the remission pleas of the accused in the case.Bano's counsel Advocate Shobha Gupta submitted that the matter has been mentioned 4 times earlier but is yet to be taken up for preliminary hearing and notice. The matter was first mentioned on November 30, 2022, whereafter it was listed before a bench of Justices Ajay Rastogi & Bela N. Trivedi. Justices Rastogi had authored the previous judgment allowing Gujarat to decide the remission plea. However, Justice Trivedi recused from hearing the case. (She was deputed as the Law Secretary of the Gujarat Government during 2004-2006.)Thereafter, the matter was mentioned on December 14, 2022 and was to be tentatively listed on January 2 this year. On January 20, Gupta again mentioned the matter but it could not be heard on set dates, i.e., January 24 and January 31, due to sitting of Constitution bench.Finally, on February 7, the CJI agreed to constitute a special bench to hear the pleas. "But matter not listed and no date is being shown despite passing of 41 days since last mentioning," Gupta said.In May 2022, a bench led by Justice Rastogi had ruled that the Gujarat Government had the jurisdiction to consider the remission request as the offence took place in Gujarat. The review petition filed by Bilkis Bano seeking review of this decision was dismissed by the Supreme Court in December last year.Meanwhile, all the eleven convicts were released on August 15, 2022 after the State Government allowed their remission applications. Visuals of the released convicts getting heroic welcome became viral in social media, leading to outcry among several sections. In this background, a bunch of PILs were filed in the Supreme Court questioning the relief granted to the convicts. Bilkis has also challenged the premature release of the convicts.The Gujarat Government has told the Supreme Court in an affidavit that the decision was taken after the approval of the Central Government, considering the good behaviour of the convicts and the completion of 14 years sentence by them. The State's affidavit revealed that the CBI and the Presiding Judge of the Trial Court (Special CBI Court at Mumbai) objected to the release of the convicts on the ground that the offence was grave and heinous.Gupta says Bilkis suffered egregious violence upon her person and her immediate family members which includes communal gang rape on her and her other female relatives, elimination of 14 members of her immediate family in front of her eyes including total of 8 minors which included her 3% years old daughter.

Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts

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