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Judiciary

SC to set up bench to hear Bilkis Bano plea against remission

By LawStreet News Network      22 March, 2023 09:16 PM      0 Comments
SC to set up bench to hear Bilkis Bano plea against remission

NEW DELHI: The Supreme Court on Wednesday agreed to set up a special two-judge bench to hear a plea by Bilkis Bano against the remission of the sentence of 11 life term convicts in the case related to gang rape and murder of her family members during 2002 Gujarat riots.

Upon a mentioning by Bano's counsel Shobha Gupta, a bench of Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala said that the new bench will be formed.

"I will have a bench constituted. We need to break two benches for it. We will at it in the evening," the bench said.

On January 4, the top court had said the question of maintainability would not arise in a matter related to remission of 11 life terms convicts.

In August 2022, all 11 convicts were granted remission by the state government, which was strongly opposed by a section of people and activists in the country.

In May, 2022, the apex court had ruled that the Gujarat government can consider the remission request of the convicts.

After the remission, a batch of petitions including by former CPI(M) MP Subhashini Ali filed pleas before the top court.

Responding to writ petitions challenging release of the convicts, the Gujarat government had claimed the convicts had completed 14 years and above in prison and their behaviour was found to be good. It had also said the Centre had also conveyed its “concurrence/ approval”.

The Mumbai Special Court, where trial was transferred, and the CBI, the investigating agency, had also opposed the plea for remission in March, 2022.



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