The Supreme Court on Monday deferred the final hearing to 11 October 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 comprising Justices B.V. Nagarathna and Ujjal Bhuyan stated that it will try to conclude hearing the matter on the same day. The apex court stated that it has received written submissions of the petitioners which have been taken on record.
The bench, which was scheduled to hear the rejoinder submissions of those opposed to the premature release of the convicts, stated, “List on October 11, 2023 at 2 pm.”
Previously on 6 October, the bench asked the counsel for the petitioners, including Bilkis Bano, to file their short-written rejoinder arguments. While hearing the matter on 20 September, the top 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 seeking remission was indeed not a fundamental right of the convicts. The victim and others also don’t have the right to move the apex court directly by filing a petition under Article 32 as no fundamental right of theirs has been infringed either, he argued, adding the victims have other statutory rights to challenge the grant of remission.
While hearing the arguments on 17 August, the apex 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 by the Gujarat government, several other PILs including one by CPI (M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma challenged the relief.
TMC MP Mahua Moitra has also filed a PIL against the remission and their premature release. Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her 3-year-old daughter was among the seven family members killed in the riots.