Bilkis Bano case: Five convicts seek more time to surrender, SC to hear plea on Jan 19
NEW DELHI: Five convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots in Gujarat moved the Supreme Court on Thursday seeking extension of time to surrender, reported Bar and Bench.
One of the convicts, Govindbhai Nai, had on Wednesday sought extension of four weeks, beyond January 22, to surrender to the jail authorities.
Following which four other convicts Pradeep Mordhiya, Bipin Chandra Joshi, Ramesh Chandana and Mitesh Bhatt have sought relief.
The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts in the case, saying the orders were "stereotyped" and passed without application of mind. It had asked the convicts to surrender before jail authorities in two weeks.
The matter seeking extension of time was mentioned before a bench of Justices B V Nagarathana and Sanjay Karol on Thursday. The bench then issued directions to the Registry to seek orders from CJI DY Chandrachud for reconstitution of the bench tomorrow (Jan 19) to take up the applications.
"It is stated by three respondents that applications have been filed for an extension of time to surrender and report to jail. Since the bench has to be reconstituted, registry to seek orders from CJI for reconstitution of the bench since time expires on Sunday (Jan 21)," the bench said.
Convict Govindbhai Nai, in his application, a copy accessed by TNIE, filed before the Supreme Court, had stated that he is the only caregiver for his ailing 88-year-old father, who is bedridden and completely dependent on him.
He stated that his father is an elderly man suffering from asthma and in poor health and that he recently underwent surgery, including an angiography, and is scheduled for another operation for the treatment of hemorrhoids.
He also mentioned that his mother is 75 years of age and also in poor health. Nai also said that he also a father of 2 children who are completely dependent on him for their financial and other needs.
Another convict Ramesh Chandana too in his plea requested for further time to surrender citing his young son who is of marriageable age and added that he bears the responsibility to look after this affair and with kind indulgence of this Honourable Court may even complete this affair.
Mordhiya, the third convict, submitted he requires regular consultation with doctors after he underwent a lung surgery.
Another convict Mitesh Bhatt said his winter crops are ready for harvest and he needs to complete the task before surrendering.
Joshi has cited a recent leg surgery to seek relief.
The Gujarat govt had granted remission of all these 11 convicts on August 15, 2022, following a May 2022 judgment in which the top court held that an application of remission should be considered in line with the policy of the State where the crime was committed and not where the trial was held.
The Gujarat govt's remission to all the 11 convicts created a huge public outrage with social activists, lawyers, and civil society terming it as "miscarriage of justice."
The name of 11 convicts who were set free by the Gujarat govt are Jaswant Nai, Govindbhai Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Chamanlal Bhat and Ramesh Rupabhai Chandana.
It is expected that other six convicts might come to the Supreme Court seeking also more time to surrender on one ground or the other.
(With inputs from Suchitra Kalyan Mohanty, PTI & Online Desk)