SC reviews early release in Bilkis Bano case

The Supreme Court announced on Friday that it will hear arguments on October 9 regarding petitions challenging the premature release of 11 convicts involved in the Bilkis Bano gangrape case and the killing of seven of her family members during the 2002 Gujarat riots.

A bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, asked the counsel for the petitioners, including Bilkis Bano, to submit their concise rejoinder arguments.

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

The bench informed the lawyer, “We don’t want the entire case to be reopened on your behalf,” suggesting that the petitioner’s counsel should provide a brief note on their rejoinder arguments.

The bench declared, “List the case for October 9 at 2 pm. In the meanwhile, counsel for the petitioners should submit their brief written arguments.”
While hearing the matter on September 20, the apex court asked whether convicts have a fundamental right to seek remission.

The bench asked a lawyer appearing for one of the 11 convicts, “Is the right to seek remission a fundamental right? Will a petition lie under Article 32 (that deals with citizens’ right to move the apex court directly if their fundamental rights are infringed) of the Constitution?”

The lawyer acknowledged that seeking remission was indeed not a fundamental right of the convicts. He also argued that the victim and others don’t possess the right to approach the apex court directly by filing a petition under Article 32 since their fundamental rights haven’t been infringed. He added that the victims have other statutory rights to contest the remission grant.

While hearing the arguments on August 17, the top court stated that the state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.

Besides the petition filed by Bilkis Bano contesting the remission granted to them, several other PILs, including ones by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma, have challenged the relief. TMC MP Mahua Moitra has also filed a PIL against the remission and their premature release.

Bilkis Bano, who was 21 years old and five months pregnant at the time, was gang-raped while escaping the terror of the communal riots following the Godhra train-burning incident. Her 3-year-old daughter was among the seven family members killed in the riots.