Supreme Court to look into Bilkis Bano’s petitions against release of 11 convicts

Advocate Shobha Gupta, for Bilkis Bano, said her client has filed a review petition against a Supreme Court decision in May 2022 to allow Gujarat Government to consider the plea for early release of the convicts

Chief Justice of India D. Y. Chandrachud on November 30 agreed to look into the listing of two petitions filed by Bilkis Bano, who was gangraped in the Gujarat riots, against the Gujarat Government's decision to prematurely release 11 convicts serving life sentence in her case.

Making an oral mentioning before the CJI's Bench, advocate Shobha Gupta, for Ms. Bano, said her client has filed a review petition against a Supreme Court decision in May 2022 to allow Gujarat Government to consider the plea for early release of the convicts under the State's Premature Release Policy of 1992.

Ms. Gupta said the remission policy of the State of Maharashtra, where the trial happened, and not Gujarat would have governed the case.

The apex court had in May 2022 held that remission would be considered as per the policy which was in vogue at the time of conviction. The court’s judgment had come in a plea filed by one of the 11 convicts, Radheshyam Bhagwandas Shah. The court had even directed the Gujarat Government to consider the application of Shah within two months.

Ms. Bano has also challenged the release in a separate writ petition, arguing that the release affected her fundamental right to life.

Ms. Gupta said connected petitions filed by CPI (M) leader Subhashini Ali and others had were listed before a Bench led by Justice Ajay Rastogi on November 29, but was not taken up as the judge was part of a Constitution Bench hearing the Jallikattu case. She said the case needed to be heard urgently.

Also Read | Past verdicts will hold Supreme Court in good stead to examine premature release of convicts in Bilkis Bano case