Bilkis Bano case: SC issues notice to Gujarat govt on plea against remission of 11 convicts
The top court said, “the question is, under Gujarat rules, are the convicts entitled to remission or not? We’ve to see whether there was application of mind in this case while granting remission", adding the court didn’t order for their release but only asked the state to consider remission as per policy.
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New Delhi, August 25: Issuing notice to Gujarat government, the Supreme Court on Thursday, sought its response over pleas challenging remission granted to 11 convicts in the Bilkis Bano gangrape case.
The SC had agreed to consider petitions filed by CPM leader Subhashini Ali, Trinamool Congress (TMC) MP Mahua Moitra, and one other person. A bench headed by Chief Justice NV Ramana agreed to hear the matter after submissions by senior advocates Kapil Sibal (appearing for Subhashini Ali) and Abhishek Singhvi (appearing for Mahua Moitra), and lawyer Aparna Bhat.
“We are only challenging the remission and not the Supreme Court order. The Supreme Court order is fine, My Lords. We are challenging the principles on the basis of which remission was granted," Sibal said, while seeking an urgent hearing of the plea. Bhat also said that the apex court’s earlier order asking the state government to consider the remission aspect was not challenged.
The SC was hearing three petitions challenging the release of 11 life convicts in the 2002 Gujarat riots Bilkis Bano gangrape case. Convicts were released by the Gujarat government on August 15, Independence Day, under an outdated remission policy.
The top court on Thursday said, “the question is, under Gujarat rules, are the convicts entitled to remission or not? We’ve to see whether there was application of mind in this case while granting remission". SC added the court didn’t order for their release but only asked the state to consider remission as per policy.
The Gujarat govt on Thursday, opposed pleas challenging the remission, saying that the petitioner is not a party to present case and hence the plea is not maintainable. The top court also asked petitioners to implead Gujarat govt as party to the case.
“We are only challenging the remission and not the Supreme Court order. The Supreme Court order is fine, My Lords. We are challenging the principles on the basis of which remission was granted," Sibal said, while seeking an urgent hearing of the plea. Bhat also said that the apex court’s earlier order asking the state government to consider the remission aspect was not challenged.