Bilkis Bano case: Third-party PILs challenging remission will set dangerous precedent, convicts tell SC

Bilkis Bano.
Bilkis Bano.

New Delhi: The convicts in the Bilkis Bano gangrape case and murder of her family members in the 2002 Gujarat riots have told the Supreme Court that Public Interest Litigations (PIL) from third parties challenging their remission would set a dangerous precedent.

Bilkis Bano was 21 and five months pregnant when she was gangraped during the communal riots that broke out in Gujarat after the Godhra train-burning incident. Seven members of Bano's family, including her three-year-old daughter were killed.

But on August 15, 2022, all 11 convicts were granted a premature release. Bilkis Bano has challenged the remission in the apex court. But several other PILs were also filed, notably by CPM leader Subhashini Ali, independent journalist Revati Laul, former vice-chancellor of Lucknow University Roop Rekha Verma and Trinamool Congress (TMC) MP Mahua Moitra.

"My lordships, entertaining PILs from third party not connected with the case will open floodgates and pandora's box,” said advocate Rishi Malhotra, appearing for one of the convicts. He said the petitioners had no right as they were total strangers to the trial. “Every remission granted now and then by any state to any other person will be challenged. This defies logic,” the advocate told a bench comprising justices BV Nagarathna and Ujjal Bhuyan.

“It is for the victim to say whether contours of decision making have been correctly applied...Not for third-party interference,” said senior advocate Sidharth Luthra, appearing for a convict.

The court said that public outcry will not affect their judicial decisions. The hearing will continue on Thursday.

The other day, Bano's advocate had told the apex court that the convicts chased her with a "blood thirsty approach" to hunt Muslims and kill them.

The Supreme Court had in April questioned the Gujarat government over the remission granted to the 11 convicts, saying the gravity of the offence should have been considered before showing leniency.
(With PTI inputs)

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