Bano has also moved a review petition against the apex court judgment allowing the Gujarat government to decide on the remission of the convicts.
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Bilkis Bano has moved the Supreme Court against the release of 11 men convicted of gang-raping her in the 2002 Gujarat riots.
Advocate Shobha Gupta, representing Bano, mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud. Gupta contended that chances were slim that the bench led by justice Ajay Rastogi would be able to hear the matter, as he was now a part of a constitution bench hearing.
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Bano has also moved a review petition against the apex court judgment allowing the Gujarat government to decide on the remission of the convicts.
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The Chief Justice said that the review has to be heard first and let it come before Justice Rastogi. Gupta submitted that the matter had to be heard in an open court. The Chief Justice said only the court can decide that, and added that he will decide on the listing after looking into the matter the evening.
In May this year, the apex court had ruled that the Gujarat government can consider the remission request as the offence took place in Gujarat. Based on this ruling, the Gujarat government decided to release all 11 convicts.
The high court had held that the Maharashtra government should consider the remission since the trial in the case was conducted there after transfer from Gujarat.
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