Bilkis Bano case: SC defers hearing on petitions against remission to convicts to July 11
New Delhi, May 9
The Supreme Court on Tuesday deferred to July 11 the hearing on petitions challenging the premature release of 11 men convicted of raping Bilkis Bano and killing her family members due to incomplete procedural formalities on account of non-serving of notices to some of the convicts.
A Bench led by Justice KM Joseph directed that the convicts – who could not be served notices—be served through publication of notices in Gujarati and English newspapers. On July 11, a new Bench would hear the matter as Justice Joseph is scheduled to retire on June 16.
Some of the convicts could not be served notices as their houses were found by the local police to be locked and their phones were switched off.
On May 2, Justice KM Joseph had expressed anguish over convicts in Bilkis Bano case using procedural lacunae to delay adjudication of petitions against their premature release.
“I think it should be more than clear to you what’s happening. The problem for me is that I am retiring on June 16. It’s obvious that they don’t want us to hear the matter…That’s more than obvious”, Justice Joseph had said.
“This case came to my court in March and we issued notice on the very first day. That’s the earliest we could do it. If it had come before me earlier, it’s a different matter, it would have taken a different turn,” he had said.
Noting that May 19 was the last working day for him, Justice Joseph had said he had no problem sitting during the summer vacation.
Justice Joseph’s comments had come after he was forced to adjourn hearing on petitions challenging the premature release of 11 men convicted of raping her and killing her family members during the 2002 Gujarat riots after some of the convicts said they had not been served with notices in the matter. The convicts accused petitioner Bano of playing a “fraud” on the court by stating that service was complete.
The 11 convicts prematurely released were Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana. They were said to have been released due to completion of 15 years in prison, besides their age and behaviour during incarceration.
Bilkis Bano, pregnant at the time of crime, was gang-raped and her three-year-old daughter Saleha and 13 others were killed by a mob on March 3, 2002 in Dahod during violence that broke out in Gujarat after the Sabarmati Express was attacked in Godhra and 59 ‘kar sevaks’, were burnt to death.
The Supreme Court had handed over the probe to the CBI and the trial was shifted to Mumbai where a Sessions Court in 2008 convicted 11 accused of gangrape and murder and awarded life imprisonment to them. Later, the conviction was upheld by the Bombay High Court and the Supreme Court.
