The Supreme Court will take up on Friday, the Chief Justice willing, pleas from five of the Bilkis Bano case convicts for an extension of the January 20 deadline for them to surrender before jail authorities.
On January 8, the apex court quashed the remissions granted by the Gujarat government last year to the 11 life convicts in the 2002 gang-rape-cum-mass-murder case and asked them to surrender.
Justice B.V. Nagarathna, sitting on a bench with Justice Sanjay Karol, on Thursday agreed to consider the five convicts’ plea for urgent hearing on a request from senior advocate V. Chitambaresh, subject to approval from Chief Justice of India D.Y. Chandrachud.
“It is mentioned on behalf of… the respondents that applications have been filed for extension of time to surrender and report to the jail,” Justice Nagarathna said, dictating an order during the morning mentioning time.
“Since the concerned bench has to be reconstituted, the registry to seek orders from the Hon’ble Chief Justice of India for reconstitution of the bench and for listing of the said applications tomorrow as it is submitted that the time expires on 20.01.2024.”
According to Justice Nagarathna, the request has to be heard by the same bench —made up of herself and Justice Ujjal Bhuyan — that passed the original order. As “master of the roster”, the CJI alone can allocate cases and benches.
The five convicts — Govind Nai, Pradeep Mordhiya, Bipin Chandra Joshi, Ramesh Chandana and Mithesh Bhat — have cited varying reasons while seeking extensions of up to eight weeks.
Nai has pleaded that he has undergone angioplasty and needs further surgery for haemorrhoids, and Mordhiya has cited his recent lung surgery. Joshi too has referred to surgical issues.
Chandana and Bhat have cited the need to wrap up winter harvesting work as well as pressing domestic engagements.
On January 8, the apex court had quashed the release of the 11 on the grounds that the Gujarat government lacked the power to decide on their remission and that the release order was “vitiated” by “fraud”.
Apart from the petitioners, the six other released convicts are Bakabhai Vohania, Kesarbhai Vohania, Jaswant Nai, Radheshyam Shah, Rajubhai Soni and Shailesh Bhatt.
The January 8 judgment had made scathing observations on the conduct of one of the convicts in earlier obtaining a favourable apex court order by perpetrating “fraud” on the top court.
It had castigated the Gujarat government for “usurping” the powers of the government of Maharashtra — where the trial was held and convictions passed — to decide on remissions for the 11.
