New Delhi: The Supreme Court on Thursday issued notice to the Gujarat government and the Centre seeking their response on a plea challenging remission to 11 convicts in the Bilkis Bano gangrape case.
According to news agency PTI, a bench headed by Chief Justice NV Ramana issued the notice and asked the petitioners to implead those who have been granted remission as parties in the matter.
The apex court has posted the matter for hearing after two weeks.
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The remission and consequent release of 11 convicts on August 15 this year from the Godhra sub-jail under the Gujarat government's remission policy has sparked a debate on the issue of such relief in heinous cases.
The plea in the apex court has been filed by CPI(M) leader Subhashini Ali, journalist Revathy Laul, and activist Roop Rekha Rani.
Senior lawyer Kapil Sibal had mentioned the matter and said, “The Supreme Court gave a discretion to the government to consider it. We are challenging the remission, not the order of the Supreme Court".
Trinamool Congress (TMC) MP Mahua Moitra also moved the top court against the early release of all 11 convicts in the gangrape case.
Plea Against Remission To 11 Convicts Demands Immediate Re-Arrest
The petioners have sought setting aside the order granting remission to 11 convicts and demanded their immediate re-arrest. "It is submitted that it would appear that the constitution of members of the competent authority of the Gujarat government also bore allegiance to a political party, and also were sitting MLAs. As such, it would appear that the competent authority was not an authority that was entirely independent, and one that could independently apply its mind to the facts at hand," the plea stated, as quoted by news agency ANI.
The remission in this heinous case would be entirely against public interest and would shock the collective public conscience, as also be entirely against the interests of the victim (whose family has publicly made statements worrying for her safety). "It is submitted that on such facts (facts of the case), no right thinking authority applying any test under any extant policy would consider it fit to grant remission to persons who are found to have been involved in the commission of such gruesome acts," said the plea.
The 11 convicts were sentenced to life imprisonment by a special CBI court in Mumbai on January 21, 2008 on charges of gang rape and murder of seven members of Bilkis Bano's family. Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 convicts walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
Bilkis Bano was 21 years old and five months pregnant when she was gangraped while fleeing the violence that broke out after the Godhra train burning. Among those killed was her three-year-old daughter.
(With Agency Inputs)
