10 out of the eleven convicts in the Bilkis Bano case, have moved the Supreme Court seeking extension for time given to them to surrender before the concerned jail authorities.
Govindhbhai Nai, Ramesh Rupabhai Chandana, Mitesh Chimanlal Bhat, Radheyshyam Bhagwandas Shah, Jaswantbhai Chaturbhai Nai, Shaileshbhai Chimanlal Bhatt, Bipinchand Kaniyalal Joshi, Kesharbhai Khimabhai Vohania, Pradip Ramanlal Modhiya, Rajubhai Babulal Soni are the 10 convicts who have sought extension.
Reasons for seeking extension range from domestic duties to health issues.
On Thursday, Senior Advocate V Chitambaresh mentioned the matter before Justice BV Nagarathna saying that the time to surrender is expiring on January 21 (Sunday).
Justice Nagarathna said that the bench (comprising herself and Justice Ujjal Bhuyan) has to be constituted to hear the applications.
The court has issued directions to the Registry to seek orders from the CJI DY Chandrachud for constitution of the bench tomorrow to take up the applications.
Supreme Court agreed to list their plea after the convicts’ lawyer mentioned their plea for urgent hearing as the time to surrender is expiring on January 21.
The Supreme Court on January 8 quashed remission granted to 11 convicts in Bilkis Bano's gang-rape case and nullified its May 2022 judgement that had directed the Gujarat Government to consider the remission applications of the convicts. The court held that not only the judgemnet was "bad in law" but also obtained by "fraud" as one of the petitioner (also a convict) had suppressed crucial facts and made misleading statements. The court had directed all the 11 convicts to report back to concerned jail authorities within two weeks.
The court also held that the writ petition that challenged the Gujarat government's power to grant remission was maintainable as the state of Gujarat usurped the powers of state of Maharashtra while granting remission.
Bilkis Bano Rasool was 21-years-old and five months pregnant when she was gang-raped during the 2002 communal riots in Gujarat. Seven members of her family including her three-year-old daughter were killed in the riots.
In 2008, all the 11 convicts were awarded life imprisonment by a special court in Mumbai and the decision was upheld by a division bench of the Bombay High Court in 2017.