Bilkis Bano's Plea Against Release Of Convicts: Supreme Court Bench Of Justices KM Joseph And BV Nagarathna To Hear On 27th March 2023

The pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case has been listed before the Supreme Court bench comprising Justice KM Joseph and Justice BV Nagarathna on March 27 2023. 

The matter has been listed after being mentioned five times before the Supreme Court of India by Bano's lawyer Advocate Shobha Gupta. When the matter was mentioned two days ago before a bench led by CJI DY Chandrachud, the Apex Court had assured Gupta that a special bench would be constituted to heard the petition. 

In May 2022, a bench led by Justice Rastogi had ruled that the Gujarat Government had the jurisdiction to consider the remission request as the offence took place in Gujarat. The review petition filed by Bilkis Bano seeking review of this decision was dismissed by the Supreme Court in December 2022.

Meanwhile, all the eleven convicts were released on August 15, 2022 after the State Government allowed their remission applications. Visuals of the released convicts getting heroic welcome became viral in social media, leading to outcry among several sections. In this background, a bunch of PILs were filed in the Supreme Court questioning the relief granted to the convicts. Bilkis has also challenged the premature release of the convicts.

The Gujarat Government has told the Supreme Court in an affidavit that the decision was taken after the approval of the Central Government, considering the good behaviour of the convicts and the completion of 14 years sentence by them. The State's affidavit revealed that the CBI and the Presiding Judge of the Trial Court (Special CBI Court at Mumbai) objected to the release of the convicts on the ground that the offence was grave and heinous.

Gupta says Bilkis suffered egregious violence upon her person and her immediate family members which includes communal gang rape on her and her other female relatives, elimination of 14 members of her immediate family in front of her eyes including total of 8 minors which included her 3% years old daughter.