LI Network
Published on: January 19, 2024 at 11:46 IST
In a pivotal turn of events, the Supreme Court is set to deliberate on multiple pleas filed by the convicts in the Bilkis Bano case, requesting an extension of the time allocated for surrendering to jail authorities.
This follows last week’s significant ruling by the Supreme Court, which nullified the remission orders issued by the Gujarat government. These orders had facilitated the premature release of 11 convicts, sentenced to life imprisonment for heinous crimes committed during the 2002 Gujarat communal riots, including multiple murders and gang rapes.
The convicts, released early in August 2022 after serving only 14 years of their life sentences, found themselves at the center of controversy.
The recent judgment by a bench comprising Justices BV Nagarathna and Ujjal Bhuyan declared that the State of Gujarat lacked jurisdiction to grant remission, as the trial had taken place in the State of Maharashtra. Consequently, the convicts were given a two-week grace period until this Sunday to surrender.
With the deadline looming, Senior Advocate V Chitambaresh, representing three convicts, urgently brought forward their applications before Justice Nagarathna’s bench, informing the Court of additional applications to be filed later in the day.
Responding promptly, Justice Nagarathna directed the registry to seek instructions from Chief Justice DY Chandrachud regarding the reconstitution of the bench and the listing of the extension pleas for today’s hearing.
The convicts seeking an extension and their cited reasons are as follows:
- Radheshyam Bhagwandas Shah (R3) – Six weeks for tending to aged parents, wife, and 21-year-old son with health issues, and making financial arrangements.
- Jaswantbhai Chaturbhai Nai (R4) – Six weeks due to the upcoming harvest season, with the entire family dependent on agricultural income.
- Govindbhai Nai (R5) – Four weeks as the sole caretaker of aged parents and two children with health issues, along with personal medical conditions.
- Shaileshbhai Chimanlal Bhatt (R6) – Six weeks for son’s marriage, upcoming harvest season, and considerations related to age and medical conditions.
- Bipinchand Kaniyalal Joshi (R7) – Six weeks owing to a leg surgery resulting in partial handicap, responsibility for a brother and a wife battling cancer.
- Kesharbhai Khimabhai Vohania (R8) – Six weeks due to his son’s marriage and personal medical conditions.
- Pradip Ramanlal Modhiya (R9) – Four weeks following his wife’s death and a lung surgery.
- Rajubhai Babulal Soni (R11) – Six weeks for caring for aged mother, wife, and two sons, involving financial arrangements.
- Mitesh Chimanlal Bhatt (R12) – Six weeks with the upcoming harvest season and son’s surgery in mind.
- Ramesh Rupabhai Chandana (R13) – Six weeks citing a heart ailment, the approaching harvest season, arranging son’s marriage, and looking after an aged and ailing mother.
The Supreme Court’s decision to set aside the remission for these 11 convicts, including Bilkis Bano, stemmed from an extensive 11-day hearing that concluded on January 8. Advocates Shobha Gupta, Indira Jaising, Vrinda Grover, Aparna Bhat, Nizamuddin Pasha, Pratik R Bombarde, and Senior Advocate SV Raju, among others, were involved in representing various parties throughout the proceedings.
