The case of premature release of 11 convicts of Bilkis Bano gangrape in 2002 Gujarat riots has reached the Supreme Court. Bilkis Bano has filed a petition demanding an early hearing from the Supreme Court in this matter. CJI DY Chandrachud has assured that he will fix the date of hearing in a special bench of two judges. Advocate Shobha Gupta, appearing on behalf of Bilkis, demanded an early hearing from the bench of CJI DY Chandrachud, saying that the date for the hearing is not available. On this, CJI Chandrachud said that this matter is with Justice Rastogi. We will talk to a two-judge special bench and give a date for the hearing.
Let us tell you that on December 13, 2022, Justice Bela M Trivedi recused himself from the hearing even on the petition of Bilkis Bano. Since then the petition of Bilkis Bano has not been heard. However, before this, the Supreme Court has issued notices on the petitions of Subhashini Ali and Mahua Moitra. Along with this, the Gujarat government has filed an affidavit and told the release according to the law.
In the petition filed in the Supreme Court, it has been said …
The premature release of the convicts is a blow not only to Bilkis Bano, her grown up daughters, her family, but to the entire society nationally and internationally. The whole country and the whole world including Bilkis Bano came to know about the shocking news of release when she was released. The culprits were garlanded and honored in full public glare and sweets were distributed. This incident was one of the most gruesome crimes of extreme inhuman violence and cruelty by one group of human beings against another group of human beings, most of them either women or minors, on helpless and innocent people. They were chased for several days, motivated by hatred towards a particular community. The premature release order of the Gujarat government is a mechanical order.
SC has already declared that group exemption is not acceptable
Despite being a victim of crime, no news was given about any such process of release. He is extremely hurt, upset and disappointed by this release. He had approached the state government to request papers/complete files related to premature release of all the convicts, but despite reminders no response or papers came from the state government. SC has already declared that group exemption is not acceptable. The case of each convict needs to be examined individually on the basis of their specific facts and role played by them in the crime.
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The convicts of Bilkis gave this argument
Earlier, on January 4, 2023, the Supreme Court rejected the demand of the convicts of Bilkis for not hearing the public interest litigations. The Supreme Court had said that considering Bilkis’s petition as the main petition, it would hear all the five petitions. Hearing will be held on merit. In fact, the lawyers of the convicts had said that all the five petitions including Subhashini Ali and Mahua Moitra were not maintainable. These are third party petitions and they have no locus standi in the case. But Justice Ajay Rastogi had said that the victim Bilkis herself has also come here.
We will make Bilkis’s petition a lead and hear these petitions. Once the victim is here, the issue of locus is over. The counsel for the petitioner should come prepared for the final hearing. The bench had said that argue only on legal issues and points. Petitioner’s lawyer Vrinda Grover had said that law and justice are with us. But the counsel for the acquitted convicts said that the main petitioner has no legal locus. Justice Bela M Trivedi has recused himself from the hearing in this matter as well.
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