Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts

The Supreme Court has once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.

Last month also, CJI DY Chandrachud had said that he will constitute a special bench to take up the matter. A special bench is necessitated as the regular combination os of Justice Ajay Rastogi and Justice Bela Trivedi (who had recused from hearing the matter). The matter needs to be placed before a bench led by Justice Rastogi, as he had authored the judgment delivered in May 2022 which allowed Gujarat Government to decide the remission pleas of the accused in the case.

Bano's counsel Advocate Shobha Gupta submitted that the matter has been mentioned 4 times earlier but is yet to be taken up for preliminary hearing and notice. The matter was first mentioned on November 30, 2022, whereafter it was listed before a bench of Justices Ajay Rastogi & Bela N. Trivedi. Justices Rastogi had authored the previous judgment allowing Gujarat to decide the remission plea. However, Justice Trivedi recused from hearing the case. (She was deputed as the Law Secretary of the Gujarat Government during 2004-2006.)

Thereafter, the matter was mentioned on December 14, 2022 and was to be tentatively listed on January 2 this year. On January 20, Gupta again mentioned the matter but it could not be heard on set dates, i.e., January 24 and January 31, due to sitting of Constitution bench.

Finally, on February 7, the CJI agreed to constitute a special bench to hear the pleas. "But matter not listed and no date is being shown despite passing of 41 days since last mentioning," Gupta said.