The Supreme Court is scheduled to hear Bilkis Bano's Writ Petition questioning the early release of 11 prisoners who were given life sentences for gang rape and murder during the Gujarat riots in 2002.

On Tuesday, a writ petition contesting the remission is listed in Court 6 as Item no. 38 on the docket before a bench of Justices Ajay Rastogi and Bela M. Trivedi.

In her appearance before the CJI's Bench on November 30, 2022, advocate Shobha Gupta argued on behalf of Bilkis Bano and mentioned the petitions for listing. She had voiced skepticism that the Justices Rastogi-led bench, who wrote the decision under appeal, would not be able to hear the case since he is participating in the Constitution Bench hearing. CJI D.Y. Chandrachud, however, estimated  "The review has to be heard first. Let it come before Justice Rastogi."

A bench chaired by Justice Rastogi had ruled in May 2022 that because the offence occurred in Gujarat, the Gujarat Government had the authority to evaluate the remission request. The Gujarat High Court had previously ruled that because the trial had been transferred from Gujarat to Mumbai, the State of Maharashtra needed to take the remission into account. 

Later, all eleven prisoners were released on August 15, 2022. 

The crime's actual victim has come forward to the court to express her doubts about the decision to let the defendants go free. 

On May 13, 2022, the Supreme Court ruled that the Gujarat Government should be the one to issue remission and ordered it to do so within two months in accordance with its 1992 remission policy.

Case Details:-

W.P.(Crl.) No. 491/2022

BILKIS YAKUB RASOOL
Versus

UNION OF INDIA AND ORS.