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The Supreme Court has set Monday 7 August to begin the final hearing of a set of petitions challenging a pardon granted last year to all 11 convicts in the case of Balkis Bano’s gang-rape and murder of seven members of her family during the 2002 Gujarat riots.
The Magistrates Board B. V. Nagaratna and Ujal Bhuyan indicated that the pleadings had been completed and notices had been sent to all the convicts.
“We are of the opinion that the pleadings in the matter are complete and that all respondents have been informed in all cases through newspaper publications or directly. We are listing the matter for a final hearing on August 7. All parties are required to submit short written briefs, a summary and a list of dates.”
During the hearing, advocate Shobha Gupta, appearing as Bilkis Bannu, said the notices were published in local newspapers on 1 June and she filed an affidavit regarding the same on 7 June.
Advocate Indira Jaisingh and Advocate Vrinda Grover, who also represented the petitioners, said notices were posted in their cases as well as per the directives of the Supreme Court.
Grover said she needed to register the original exemption order issued by the Gujarat state government and sought permission from the court to file some additional documents.
Solicitor General Tushar Mehta, who represents the Gujarat government and the centre, said that although the original exemption order had been registered by the state if the petitioners wanted to draw it up themselves, he had no problem with that.
Since the matter is listed for directives, the bench said, it sets August 7 as the date for the final hearing, and the parties, who wish to submit their responses, written submissions, abstract, and list dates, are free to do so. .
“Your written submissions should focus on a few key issues and arguments,” the judge told the petitioners’ attorneys and gave them three weeks to submit their responses.
Convicts were also allowed to present their counter-statements on petitions challenging the pardon.
On May 9, the Supreme Court ordered notices to be published in local newspapers, including in Gujarati and English, against convicts who were not notified, including a person whose house and phone were found locked by local police. closed.
The Supreme Court had adjourned the hearing on May 2 after some of the convicts’ lawyers raised objections to their notifications of not handing over the pleas challenging the pardon granted to them.
The Center and the Gujarat state government have informed the court that they are not claiming any privilege and have not filed any application to review the court order of March 27 to require submission of the original records regarding the pardon granted to the convicts.
The Gujarat government had raised initial objections regarding the petitions in this case other than those filed by Bilkis Banu, saying it would have broad ramifications as third parties would now and then come to courts in criminal cases.
The Supreme Court on 18 April questioned the Gujarat government about the pardon granted to the eleven convicts, saying that the gravity of the offense should have been considered before clemency was shown, and wondered if there was any application of reason.
The Supreme Court inquired about the reasons for the convicts’ early release, and also questioned the repeated conditional releases granted to them while incarcerated.
“It is (forgiveness) a kind of grace that should be proportional to the offense,” she said.
The Center and the Gujarat government then told the court that they may file a request to review its March 27 order and require them to be ready with the original files when the pardon is granted.
Describing Bilkis Banu’s gang-rape and killing of her family members during the 2002 post-Godhra riots as an “appalling” act, the main court on March 27 asked the Gujarat government whether uniform standards had been applied, as in other murder cases. . With the granting of forgiveness to the condemned.
It has sought responses from the centre, the Gujarat government and others on the petition filed by Bilkis Bannu, who is contesting the mitigation of sentences. The Gujarat government granted all 11 convicts remission, and released them on August 15 last year.
Besides Bilkis Pannu’s petition, several other PILs including CPI(M) leader Subhashini Ali, freelance journalist Revati Lawl and former Vice-Chancellor of Lucknow University Roop Rekha Verma have appealed for forgiveness. Trinamool Council (TMC) MP Mahua Moitra also filed a lawsuit against the sedation.
Bilkis Banu was 21 and five months pregnant when she was gang-raped while fleeing the horror of the communal riots that erupted after the Godhra train burning incident. Her three-year-old daughter was among seven members of her family killed in the riots.
(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)
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