NEW DELHI: The Supreme Court on Monday called the offence against Bilkis Bano as "horrendous", while maintaining that it would not be "overwhelmed by emotions" and decide the matter related to remission of 11 life term convicts in case of gang rape and murder of her family members on the basis of law only.
A new bench of Justices K M Joseph and B V Nagarathna issued notice to the Gujarat government on Bano's plea and put the matter for further hearing on April 18.
Hearing a batch of matters, including by activists, the court sought to know whether standards of law have been applied uniformly here as there are other cases where murder convicts are still languishing in jail.
At the beginning, the bench sought to know entire gamut of issues, which would aid in formulating the framework within which the issues have to be considered.
Advocate Shobha Gupta, representing Bano, submitted that the state, in Maharashtra, where the trial was held should decide on the remission of the convicts, and not the state where offence was committed.
Advocate Vrinda Grover, representing one of the petitioners, contended that the trial judge said no remission should be granted and also the CBI said that remission should not be given, yet they were released.
During the hearing, the bench also sought to know as how many years each accused had spent in jail.
A counsel, representing one of the convicts, said over 15 years and 14 years is the requirement for consideration under Gujarat government remission policy. However, it was contested by a counsel, representing one of the petitioners. Grover informed the court, while on parole, another case of molestation of a woman was charged against one of them and this was completely ignored while granting remission.
Advocate Rishi Malhotra for the convicts contended the top court had previously held the Gujarat government can decide remission pleas on the basis of 1992 policy. He also said five writ petitions filed by different social activists, including by former CPI(M) MP, had to be dismissed as they don't have locus standi in criminal matters.
Senior advocates Kapil Sibal and A M Singhvi, however, contested his submission.
The bench also asked the parties involved in the matter to complete the pleadings by the next date of hearing and also asked the state government as well as the Ministry of Home Affairs to be ready with the relevant files connected with granting remission to the convicts on the next date of hearing.
In August, 2022, all 11 convicts were granted remission by the state government, triggering massive outrage among a sections of people.
In May, 2022, the apex court had ruled that the Gujarat government can consider the remission request of the convicts. A review plea was also dismissed against this judgement.
In November, 2022, Bilkis Bano, the victim of gang rape during the 2002 Gujarat riots, herself approached the court against the state government's decision of premature release of 11 men sentenced to life term, contending it was "one of the most gruesome crimes of extreme inhuman violence and brutality, persuaded by hate towards a particular community".
In an affidavit the Gujarat government had earlier told the Supreme Court that it decided to release the 11 convicts in the Bilkis Bano case as they had completed 14 years and above in prison and their behaviour was found to be good and also the Centre had also conveyed its concurrence/ approval.
