Bilkis Bano Case Takes New Turn: SC Agrees On Constituting New Bench

Bilkis Bano’s case has taken a new turn as Supreme Court (SC) has agreed on constituting a new bench for the hearing of her case. Bilkis Bano was raped by 11 men during the Godhra riots in Gujarat. Also, seven members of her family were brutally killed during the riots.

The 11 rape convicts were released by the Gujarat government. Gujarat Additional Chief Secretary (Home) Raj Kumar had said that the Supreme Court had asked the government to consider early release of these 11 convicts under the state’s remission policy which was in effect when they were pronounced guilty in the case by the trial court. Hence, a plea was filed against the early release of the convicts as well.

SC was unable to hear the plea

The apex court has finally agreed to create a specialized bench of judges to hear Bilkis Bano’s plea. The plea was against the premature release of the convicts.

Bano’s lawyer, Shobha Gupta told the bench also comprising Justices P S Narasimha and J B Pardiwala that the matter was currently listed before Justice Ajay Rastogi who was sitting in combination with Justice Bela M Trivedi, who had recused from hearing it. Only because of this, she urged the court to set up a special bench for hearing.

Earlier, on January 24, the Supreme Court was unable to hear Ms. Bano’s petition challenging the Gujarat government’s decision to commute the sentences of 11 gang-rape defendants because the relevant judges were engaged in a case involving passive euthanasia as part of a five-judge Constitution bench.

A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Ms. Bano, represented through her lawyer, that the new bench will be formed. The Chief Justice of India said, “I will have a bench constituted. Will look at it this evening,”

Also Read: Delhi Kanjhawala Case Update: Postmortem report reveals – ‘No rape!’

“Relived her trauma” quoted Bilkis Bano

Bilkis had said in her plea, “The premature release of the convicts… has shaken the conscience of society”. She said the Supreme Court had earlier held in the past that remissions cannot be permitted and that the case of each convict will have to be separately examined before extending the relief.

She termed it as “one of the most gruesome crimes this country has ever seen” and added that the premature release of the convicts came as a shock not only to her, but to her grown-up daughters, family, and to society at large, nationally and internationally. Narrating what she went through, Bilkis said their premature release has also “relived” her “trauma”.