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Bilkis Bano Case: Supreme Court To Hear Plea Against Remission Of Convicts

In a separate development, the release of convicts in Bilkis Bano case has also figured in National Human Rights Commission's discussions.

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More than a week after the 11 convicts in the Bilkis Bano gang rape-murder case walked free, the Supreme Court on Tuesday agreed to hear a petition challenging their remission. 

Bano was gangraped during the 2002 Gujarat Riots and seven of her family members were murdered. The Supreme Court had ordered a Central Bureau of Investigation (CBI) probe into the case and, subsequently, 11 men were convicted in 2008. .

A bench headed by Chief Justice NV Ramana on Tuesday took note of the submissions of Senior Advocate Kapil Sibal and lawyer Aparna Bhat against the grant of remission and consequent release of the convicts in the case. Sibal clarified that their plea is on the principles on the basis of which Gujarat government has released the convicts, not the apex court's order that paved the way for it.

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"We are only challenging the remission and not the Supreme Court order. The Supreme Court order is fine, My Lords. We are challenging the principles on the basis of which remission was granted," Sibal said.

The apex court had earlier asked the Gujarat government to consider the plea of remission. 

One of the convicts had approached the Supreme Court with a plea for his premature released. It was this plea that paved the way for the release of all the 11 convicts. The apex court directed the Gujarat government to look into the issue of remission, following which the government formed a committee which unanimously recommended the release of convicts. Following the panel's recommendation, the Gujarat government ordered their release. 

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The release of the convicts has been met with widespread criticism from legal as well as political quarters. It has been higlighted that while these 11 people, convicted of gangrape and murder, have been released, several other continue to be in jails for minor crimes. It has also been higlighted that the release of these convicts is in contrast to Prime Minister Narendra Modi's appeal to respect women in his Independence Day speech. 

In a separate development, the matter has also figured in National Human Rights Commission's (NHRC) discussions. Sources told PTI that NHRC Chairperson Justice (Retd.) Arun Kumar Mishra headed the discussion. 

Earlier, the NHRC has played a key role in Bano's case. She had approached the panel and it had provided her legal aid.

"Significantly, in 2003, it was the NHRC’s crucial intervention that ensured legal assistance for Bano to approach the Supreme Court after the Gujarat police had closed the case," reported The Indian Express.

(With PTI inputs)

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