Bilkis Bano case: Justice Joseph anguished over convicts using procedural lacunae to delay hearing
New Delhi, May 2
A Supreme Court Bench led by Justice KM Joseph on Tuesday expressed anguish over convicts in Bilkis Bano case using procedural lacunae to delay adjudication of petitions against their premature release.
“I think it should be more than clear to you what’s happening. The problem for me is that I am retiring on June 16. It’s obvious that they don’t want us to hear the matter…That’s more than obvious,” said Justice Joseph who is due to retire on June 16.
“This case came to my court in March and we issued notice on the very first day. That’s the earliest we could do it. If it had come before me earlier, it’s a different matter, it would have taken a different turn,” said Justice Joseph.
Noting that May 19 was the last working day for him, Justice Joseph said he had no problem sitting during the summer vacation.
Justice Joseph’s comments came as he was forced to adjourn hearing on petitions challenging the premature release of 11 men convicted of raping her and killing her family members during the 2002 Gujarat riots after some of the convicts said they had not been served with notices in the matter. The convicts accused petitioner Bano of playing a “fraud” on the court by stating that service was complete.
The Bench – which also included Justice BV Nagarathna – posted the matter for May 9 for completing the procedural formalities before summer vacation begins on May 20.
On behalf of the Centre and the Gujarat Government, Solicitor General Tushar Mehta said he would not press a claim of privilege over the records relating to the premature release of the 11 convicts.
Mehta – who had on 18 said he intended to seek recall of the order for production of records—said he would not be filing any plea seeking review of the court’s order directing production of those records and that he was ready to show it to the court.
Bano’s counsel Shobha Gupta said the convicts would not allow the case to proceed and requested the Bench to allow her to commence arguments.
However, Mehta said if he made an exception in one case, he will have to make it in every other case. “Your Lordships may hear it now but not during vacation”.
Senior Advocate Indira Jaising suggested that the court hold hearings during vacations. “I don’t see why the guillotine should not be applied on May 19 (last working day of court before summer recess). These kinds of bamboozling tactics should not be allowed by the court. There are judgements of this court that judges should not recuse under such circumstances.”
