The bench of Justices K M Joseph and B V Nagarathna stated that there is a wide range of issues at play and that it must hear the case in depth. According to PTI, the apex court ordered the Gujarat government to be ready on April 18 with relevant documents granting pardons to the 11 convicted parties in the case.

The court also stated that it would not be swayed by emotion and would strictly adhere to the law.During the riots on March 3, 2002, in the Limkheda taluka of Gujarat’s Dahod district, Bilkis was gang-raped and her 3-year-old daughter was among the 14 persons killed by a mob. The eleven inmates were liberated on August 15, 2012, one year ago.

Bano had petitioned the supreme court on November 30, 2012, contesting the “premature” release of eleven lifers by the state government, claiming that it “shook the conscience of society.”

A new bench of the Supreme Court was constituted to hear the petitions challenging the early release of the convicts after Bano’s attorney, Shobha Gupta, informed a bench presided over by Chief Justice of India D Y Chandrachud on March 22 that Justice Trivedi had recused himself from hearing the case.

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There was no stated reason for Justice Trivedi’s recusal. From 2004 to 2006, she served as law secretary to the Gujarat government.

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This decision was made after the Chief Justice of India, DY Chandrachud, on March 22 ordered an urgent listing and consented to form a new bench to hear the petitions.Bano was five months pregnant and 21 years old when she was gang-raped in 2002 while fleeing the violence that broke out in Gujarat following the burning of the Godhra train. Her three-year-old daughter was among the seven members of her family who perished.

On January 4, this year, a bench consisting of Justices Ajay Rastogi and Bela M. Trivedi heard Bano’s petition, but then recused themselves without providing a reason.Bano petitioned the apex court in November, shortly after all eleven convicts were granted clemency by the Gujarat government and released on August 15 of last year, contesting their “premature” release and claiming it “shook the conscience of society.”

According to a PTI report, Bano stated in her pending writ petition that the state government had issued a “mechanical order” in complete disregard of the Supreme Court’s legal requirements. “The mass premature release of convicts in the much-discussed Bilkis Bano case has shaken the social conscience and sparked a number of protests across the country,” she said.

The petition stated, “The present writ petition challenges the state/central government’s decision to grant all 11 convicts clemency and release them prematurely for one of the most heinous crimes of extreme inhuman violence and brutality.””When the country was celebrating its 76th Independence Day, all of the prisoners were released early, garlanded, and congratulated in full public view, and sweets were distributed,” it continued.

Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, the former Vice-Chancellor of Lucknow University, and Mahua Moitra, an MP for the TMC, also filed PILs opposing the release of the convicts.

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In January 2008, a special CBI court in Mumbai sentenced the convicted of gang-raping Bano and murdering seven members of her family to life in prison. Both the Bombay High Court and the Supreme Court subsequently upheld their conviction.

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A bench commanded by the CJI DY Chandrachud stated that it would assign a date for the case’s listing today after Bano’s attorney requested an urgent hearing.Bano’s attorney, Shobha Gupta, noted that the case was also mentioned by her in February, but it has not yet been listed.

“A specific bench must be established. I’ll request that the registrar approach Justice Rastogi for a date. Today, we’ll ask them for a date,” the CJI said.In accordance with the Gujarat government’s 1992 remission policy, eleven life-sentenced convicts were released in August after their application for remission of the sentence was approved.

These eleven lifers were convicted and sentenced to life imprisonment in 2008 for the rape and murder of Bilkis Bano’s family members.Since the release of the prisoners, numerous petitions have been submitted with the Supreme Court and are currently being heard.

On August 25, 2022, a bench commanded by former CJI NV Ramana issued a notice regarding the first petition. The matter is currently being heard by a panel presided over by Justice Ajay Rastogi.

In these petitions, the Gujarat government filed an affidavit informing the Supreme Court that these 11 convicts were released after completing a 14-year sentence on the basis of good behaviour and with the sanction of the central government.

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Justice Bela Trivedi recused herself from hearing Bilkis Bano’s appeal and other petitions challenging the early release of convicts in her case when the cases were enumerated last.

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