This was said after advocate Aparna Bhat mentioned one of these petitions before a bench headed by Chief Justice of India N V Ramana. The plea has been filed by three petitioners, including CPIM(M) leader Subhashini Ali and independent journalist Revati Laul.
When the issue was raised in court Tuesday, the CJI asked if the release was by virtue of a Supreme Court order, to which Bhat said the apex court had by an order given the Gujarat government the discretion to take a decision.
Senior Advocate Kapil Sibal said the challenge was on the principles of remission. To this, the CJI said, “Let us see.”
When Bhat asked if the court would consider listing the matter on Wednesday, the CJI replied: “Let’s see.”
The Gujarat government on August 15 released 11 convicts in the Bilkis Bano murder and gangrape case of 2002 under its remission and premature release policy after one of the convicts, Radheshyam Shah, moved the Supreme Court. Shah, who had been sentenced to life imprisonment by a CBI court in Mumbai in 2008, had completed 15 years and 4 months in jail.
Bilkis was gangraped and her three-year-old daughter Saleha was among 14 killed by a mob on March 3, 2002, in Limkheda taluka of Dahod district. Bilkis was pregnant at the time.
Reacting to the release of the convicts, Bilkis had said she was “bereft of words” and “still numb”.
“Today, I can only say this — how can justice for any woman end like this? I trusted the highest courts in our land. I trusted the system and I was slowly learning to live with my trauma. The release of these convicts has taken from me my peace and shaken my faith in justice,” she had said in a statement.