Bilkis Bano case: SC asks Gujarat to file entire proceedings within two weeks; issues notice to 11 convicts

The bench of Justices Ajay Rastogi and BV Nagarathna also issued a notice in the petition filed by TMC leader Mahua Moitra and to the convicts who have been granted remission.

Activists and members of various organisations stage a protest against remission of sentence of Bilkis Bano case convicts, at Freedom Park. | EXPRESS 

NEW DELHI: The Supreme Court on Friday asked the Gujarat government to file the entire record of the proceedings including the remission order given to the 11 convicts in the Bilkis Bano rape case within two weeks.

The bench of Justices Ajay Rastogi and BV Nagarathna also issued a notice in the petition filed by TMC leader Mahua Moitra and to the convicts who have been granted remission.

Court’s order came pursuant to submissions by Advocate Rishi Malhotra, appearing for one of the convicts that the petitioners (Subhashini Ali, Revati Lalu and Roop Rekha Verma) had filed an application to implead the convicts on Thursday.

“I am against this impleadment business in criminal matters. Either in one of the petitions, let them be impleaded as a party. They also have no locus. They are just multiplying petitions and impleadment applications in every matter,” Malhotra further submitted.

Earlier, a bench headed by the then CJI NV Ramana had sought response from the Centre and State of Gujarat in the PIL and also asked the petitioner to implead the 11 convicts and sought their response within two weeks. The bench said that it was only concerned whether the remission granted was in accordance with the law or not.

Activists in the petition had sought production as well as setting aside the remission order dated August 15, 2022, passed by the Government of Gujarat and directing immediate re-arrest of the convicts. It has been argued in the petition that the competent authority was not an authority which was entirely independent and one that could apply its mind to the facts.

Plea argued that no right thinking authority applying any test under any extant policy would consider it fit to grant remission to persons who were found to have been involved in the commission of such gruesome acts.

Bilkis Bano’s family was attacked by a mob at Randhikpur village in the Dahod district of Gujarat during the post-Godhra riots on March 3, 2002. Bilkis Bano, who was five months pregnant at that time, was gang-raped and seven members of her family were killed. Six other members managed to run away.