No question of maintainability in pleas against convicts' release in Bilkis case: SC

The Supreme Court on Wednesday said the question of maintainability would not arise in a matter related to the remission of 11 life terms convicts in the Bilkis Bano case.

Meanwhile, Justice Bela M Trivedi, sitting in a bench presided over by Justice Ajay Rastogi, once again recused from hearing the batch of petitions filed by former CPM MP
Subhashini Ali and others. Justice Trivedi had last month also opted out of hearing the matter.

As the counsel for petitioners said the pleadings in the case were complete and the matter could be fixed for final hearing, advocate Rishi Malhotra for the convicts raised the issue of maintainability on the ground of locus standi of the petitioners.

The bench, on this, clarified that since Bilkis herself has filed a petition, the parties should argue on the case’s merits.

Senior advocate A M Singhvi, appearing for one of the petitioners, submitted that every time the matter is taken up, the respondents raise the issue of maintainability.

In August last year, the state government granted remission to all 11 convicts.

In May last year, the apex court ruled that the Gujarat government could consider the remission request of the convicts.

Responding to writ petitions challenging the release of the convicts, the Gujarat government claimed the convicts had completed 14 years and above in prison and their behaviour was found to be good and also the Centre had also conveyed its “concurrence/ approval”.