Bilkis Bano case: SC bins convicts’ plea seeking time to surrender

New Delhi: Eleven convicts in the case of gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 riots in Gujarat will have to surrender on January 21 as the Supreme Court on Friday dismissed their plea seeking an extension of time to surrender.

Observing that the reasons cited by the convicts have no merits, a bench of justices B V Nagarathna and Ujjal Bhuyan refused to grant them relaxation. The convicts had moved the apex court on Thursday seeking more time to surrender. The top court had on January 8 annulled the remission the Gujarat government granted to the 11 convicts in the high-profile case while slamming the State for being "complicit" with an accused and abusing its discretion. It ordered the convicts, who were released prematurely on Independence Day in 2022, to go back to jail within two weeks.

"We have heard senior counsel and counsel for the applicants and the counsel for the non-applicants also. The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit inasmuch as those reasons in no way prevent them from complying with our directions. Hence the miscellaneous applications are dismissed," the bench said.

The reasons seeking extension of the deadline to surrender, included failing health, impending surgery, son's marriage and harvesting ripe crops. The first five convicts who had sought relief are Govind Nai, Pradeep Mordhiya, Bipin Chandra Joshi, Ramesh Chandana and Mitesh Bhatt. Later, the remaining convicts also moved a similar plea.

"The respondent himself is an old man who is suffering from asthma and is in really poor health. It is further submitted that the respondent was recently operated upon and had to undergo an angiography. It is also submitted that the Respondent is yet to undergo another operation for the treatment of 'Hemorrhoids'," Nai said in his plea.

He also cited his bedridden 88-year-old father's ill health to seek relief. In his plea seeking more time to surrender, Chandana said he was looking after his crops and that were ready for harvest. He said he is the only male member in the family and has to take care of the crops.

"Further, applicant's young son is of marriageable age and the applicant bears the responsibility to look after this affair and with kind indulgence of this Honourable Court may even complete this affair," Chandana said. Mordhiya submitted he requires regular consultation with doctors after he underwent a lung surgery.

Another convict Mitesh Bhatt said his winter crops are ready for harvest and he needs to complete the task before surrendering. Joshi has cited a recent leg surgery to seek relief. The other six convicts released prematurely are Bakabhai Vohania, Kesarbhai Vohania, Jaswant Nai, Radheshyam Shah, Rajubhai Soni and Shailesh Bhatt. Excoriating the Gujarat government for remitting their sentences, the apex court had said it "usurped" the power of the Maharashtra government to grant remission. The Bilkis Bano case was transferred from a Gujarat court to a court in Mumbai, and the Supreme Court said the Maharashtra government was vested with the power to grant remission. Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while trying to escape the horror of the communal riots that broke out after the Godhra train burning incident in February 2002.