New Delhi: On January 8th, the Supreme Court ordered the 11 convicts in the Bilkis Bano case to return to jail, deeming the Gujarat government’s remission of their life sentences illegal. Now, three of the convicts – Govindbhai Nai, Mitesh Chimanlal Bhatt, and Ramesh Rupabhai Chandana – have filed a plea in the apex court seeking more time to surrender.

Citing reasons of ill-health, personal commitments, and impending family events, the convicts have petitioned for extensions to their surrender deadlines. Govindbhai Nai claims ill-health and requests four more weeks, while Mitesh Bhatt argues he needs six additional weeks to complete his crop harvest. Ramesh Chandana requests six more weeks to attend his son’s wedding.

The plea was addressed to Justice B.V. Nagarathna on Thursday. Recognizing the urgency of the matter, the court opted to expedite the hearing and directed the registry to seek permission from Chief Justice of India D.Y. Chandrachud to constitute a bench with Justice Ujjal Bhuyan to hear the petition on Friday.

Recent Court Judgment Summary:

  • January 8th, 2024: The Supreme Court, in a 251-page judgment, declared the Gujarat government’s remission order “nullity and non est in the eye of the law.” This verdict stemmed from various concerns, including:
    • Suppression of facts: The court found that crucial information regarding the convicts’ behavior and legal proceedings was withheld from the Gujarat government, influencing their decision to grant remission.
    • Procedural flaws: The Supreme Court asserted that the state lacked jurisdiction to decide on the remission as the crime occurred in Maharashtra.
    • Violation of Bilkis Bano’s right to justice: The court highlighted the immense trauma suffered by Bilkis Bano and emphasized the need to uphold her right to justice and a safe environment.

Convicts’ Plea for Extension:

  • Govindbhai Nai claims ill-health and requests four more weeks.
  • Mitesh Bhatt argues he needs six additional weeks to complete his crop harvest.
  • Ramesh Chandana requests six more weeks to attend his son’s wedding.
  • The plea is currently awaiting a hearing scheduled for January 21st before a bench constituted by Chief Justice D.Y. Chandrachud and Justice Ujjal Bhuyan.

Background:

The 11 convicts were sentenced to life imprisonment for the gang rape of Ms. Bilkis Bano and the murder of her family members during the 2002 Gujarat riots. However, they were released early on Independence Day 2022 after the Gujarat government granted them remission. This decision sparked widespread outrage and controversy. On January 8th, 2024, the Supreme Court, in a landmark judgment, quashed the remission orders and ordered the convicts’ re-incarceration.

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