Today(January 18, 2024) the Supreme Court consented to review the pleas submitted by three convicts in the Bilkis Bano rape case, who are seeking more time before they must surrender to jail authorities.
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NEW DELHI: In the Bilkis Bano case, the Supreme Court on Thursday, January 18, agreed to consider the pleas of three convicts seeking an extension for their surrender to jail authorities. This decision comes as the deadline for their surrender, set for Sunday, January 21, approaches.
Senior Advocate V Chitambaresh, representing the three convicts, urgently requested the matter be listed before a bench led by Justice BV Nagarathna, given the impending surrender deadline. Justice Nagarathna, who, along with Justice Ujjal Bhuyan, formed the bench that initially passed the judgment in the Bilkis Bano case, stated that the same bench needs to reconvene to hear these applications. Consequently, the court directed the registry to consult the Chief Justice of India regarding the reconstitution of the bench and the scheduling of the hearing.
ALSO READ: Bilkis Bano Case: Supreme Court Petitioned for Surrender Extension by 3 Convicts
Justice Nagarathna said that the applications will be listed together if they are in order. The court pronounced –
“It is mentioned on behalf of three of the respondents that applications have been filed for extension of time to surrender. Since the concerned bench has to be reconstituted, the registry to seek orders from the chief justice for the reconstitution of the bench and listing of these applications. It is submitted that the time expires on Sunday.”
The applications for extension have been filed by Govindbhai Nai, Mitesh Chimanlal Bhatt, and Ramesh Rupabhai Chandana, all among the 11 convicts sentenced to life imprisonment for multiple murders and gang rapes amid the 2002 Gujarat riots. These convicts were released by the Gujarat government in August 2022 after serving 14 years of their sentence.
Each convict has cited personal reasons for the extension request: Govindbhai Nai seeks an additional four weeks, citing health issues and his responsibility as the sole caretaker of his elderly parents. Ramesh Rupabhai Chandana requests six weeks due to his son’s upcoming marriage, while Mitesh Chimanlal Bhatt asks for six weeks in light of the impending harvest of his crops.
The Supreme Court, on January 8, had annulled the remission orders issued by the Gujarat government, which had led to the early release of these convicts. The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, ruled that the State of Gujarat did not have the jurisdiction to grant remission, as the trial was conducted in Maharashtra, and granted the convicts a two-week period to surrender.
This case, which began with hearings in August, saw the bench reserve its judgment on October 12 after an 11-day-long hearing. Advocate Shobha Gupta represented Bilkis Bano, while Senior Advocates Indira Jaising, Vrinda Grover, Aparna Bhat, Nizamuddin Pasha, and Pratik R Bombarde appeared for various public interest litigants. Additional Solicitor-General SV Raju represented both the State of Gujarat and the Union of India, with the now-released convicts being represented by Senior Advocates Sidharth Luthra, Rishi Malhotra, S Guru Krishnakumar, Advocate Sonia Mathur, and others.
This latest development in the Bilkis Bano case marks another chapter in a long and complex legal journey, highlighting the ongoing challenges and debates surrounding the Indian judicial system’s approach to cases of severe crimes and remission policies.
Case Title:
Bilkis Yakub Rasool v. Union of India & Ors. | Writ Petition (Criminal) No. 491 of 2022
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