The Supreme Court on Tuesday remarked the Gujarat government’s reply to pleas challenging the remission granted to 11 convicts in the Bilkis Bano gang-rape case is very bulky wherein a series of judgments have been quoted but factual statements are missing.
The Supreme Court granted time to the petitioners to file their response to the Gujarat government’s affidavit and said it will hear on November 29 the pleas challenging the remission of sentence and release of convicts in the 2002 case also involving the murder of seven members of her family during the Gujarat riots.
“I have not come across a counter affidavit where a series of judgments are quoted. Factual statement should have been made. A very bulky counter. Where is the factual statement, where is the application of mind?” a bench headed by Justice Ajay Rastogi observed.
The bench, also comprising Justice C T Ravikumar, directed that the reply filed by the Gujarat government be made available to all parties.
Senior CPI(M) leader Subhashini Ali and two other women have filed the PIL against the remission of sentence of the convicts and their release.
At the outset, senior advocate Kapil Sibal, appearing for the petitioners, submitted that he needed time to file the response.
Justice Rastogi observed that even before he could go through the Gujarat government’s reply, it was visible in the newspapers.
Addressing Solicitor General Tushar Mehta, Justices Rastogi said he has not come across a counter affidavit where a series of judgments have been quoted.
Mehta concurred with the observation and said it could have been avoided. “The judgments were mentioned for easy reference, it could have been avoided,” Mehta said.
The Solicitor General submitted strangers and third parties cannot raise the challenge to the remission of sentence and release of the convicts.
The Supreme Court then granted time to the petitioners and posted the matter for hearing on November 29.
With inputs from NDTV