National Desk:
The Central and Gujarat governments on Tuesday informed the Supreme Court that they may challenge the top court's order directing them to present files relating to the remission of 11 convicts in the gangrape of Bilkis Bano during the 2002 Gujarat riots.
who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
The 11 convicts who were set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.
The Supreme Court had issued notice in the case last month. At the time, the Court said that the crime against Bano and her family members was a horrendous one but underscored that the matter will be decided on the basis of law.
Bano herself is one of the petitioners while the other matters are in the nature public interest litigation (PIL).
On August 25 last year, the top court sought the response of the Gujarat government on some of the pleas.
Senior Advocate Sidharth Luthra appearing for one of the convicts today, said that only Bano's writ should be considered. He added that the nature of the offence could not be a ground to increase sentence at this stage.
"They have bypassed the curative process. Those are things to be determined at the outset ... Now they are trying to also contest some findings by the two judges," Luthra said.
The Court made it clear that it was only on the question of whether the exercise of power by the Gujarat government was as per settled law and policy.
"Locus standii issue is concluded. Writ petition lies. What is the basis you have exercised your powers is the matter. Whether you were guided by relevant factors, applied your mind, applied the right questions," the Court added.
Senior Advocate Abhishek Manu Singhvi with advocates Vrinda Grover and Shobha Gupta also appeared for the petitioners.
The Court eventually listed the case for final disposal on May 2.
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