As the Supreme Court on Tuesday adjourned the hearing of a plea filed by 2002 Gujarat riots survivor Bilkis Bano challenging the remission of 11 convicts to May 9, the bench comprising of Justices K M Joseph and B V Nagarathna said “it’s obvious that they don’t want us to hear the matter,” reports The Indian Express.
Justice Joseph made the remarks after the counsel for the convicts raised procedural issues and told the bench that they are yet to be served notice in the matter.
“I think it should be more than clear to you what’s happening… The problem for me is that I am retiring on June 16… It’s obvious that they don’t want us to hear the matter… That’s more than obvious,” Justice Joseph said.
The bench fixed May 9 for hearing the matter as several counsels for the convicts said they need time to file their replies to Bano’s plea.
“We are only fixing timelines, so that whichever court takes up the matter will not have to waste time on these procedural issues. I am retiring during the vacation on June 16. My last working day will be May 19. My sister (Justice Nagarathna) will be going to attend a conference in Singapore till May 25. If all of you agree, we can sit during the vacation and finish hearing the case,” Justice Joseph said, as quoted by news agency PTI.
Counsels appearing for the petitioners, including senior advocate Indira Jaising and Vrinda Grover agreed that the bench may hear the matter during the summer vacation. However, Solicitor General Tushar Mehta, appearing for the Gujarat government and the Centre, requested the bench to list the matter before the vacation and not during the vacation.
“It is not that I will not be available for this case but all cases. Once we make an exception for one case, I will have to make an exception for all the cases,” Mehta said.
Meanwhile, advocate Shobha Gupta said the matter will take a very short time as only the question of law needs to be decided.
Justice Joseph told Gupta, “It is apparent that the counsel appearing for the convicts do not want this hearing to take place. Every time the matter will be called up, one person or the other will come and say that he needs time to file a reply. It is more than obvious.”
He said, “It is somewhat clear what is being attempted here. It is obvious, rather more than obvious, that you all do not want the hearing to be conducted by this bench. This is not fair to me. In our last hearing, we had made it absolutely clear that the matter will be listed for final disposal on the next date of hearing. Remember, all of you (the counsel for the convicts) are officers of the court. Do not forget your role. You may lose one case or win a case, but do not forget your duty towards the court.”
The court then said a new bench will take up the matter for final hearing in the second week of July.
Earlier, on March 27, terming Bilkis Bano’s gang rape and the murder of her family members during the 2002 post-Godhra riots a “horrendous” act, the apex court had asked the Gujarat government whether uniform standards, as followed in other murder cases, were applied while granting remission to the 11 convicts. The top court also sought responses from the Centre and the Gujarat government and others in Bano’s plea.
On August 15 last year, all the 11 convicted men who were granted remission by the Gujarat government, were released from jail.
Following their release, PILs were filed in the top court by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, former vice-chancellor of the Lucknow University Roop Rekha Verma and Trinamool Congress (TMC) MP Mahua Moitra challenging the decision of the BJP-led Gujarat government.
Bilkis Bano was gang-raped while fleeing from the riots that broke out in Gujarat in 2002 after the Godhra train burning incident. She was pregnant at that time and her three-year-old daughter was among the seven members who were killed in the riots.