The Supreme Court judge, Justice Bela M Trivedi, on Wednesday, recused from hearing a plea by 2002 Gujarat riots gang rape victim Bilkis Bano against the pre-mature release of 11 convicts in her gangrape and murder of the seven members of her family including her three-year old daughter.

As Justice Bela Trivedi recused from hearing the matter, Justices Ajay Rastogi heading the bench ordered that the matter be listed before a bench of which Justice Trivedi is not a part.

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On the tagging of Bilkis Bano’s plea against the pre-mature release of 11 convicts with the earlier pending PILs on the issue, Justice Rastogi said that since Justice Trivedi has recused from hearing the matter, they cannot pass any order.

“Since my sister (Justice Trivedi) wants to recuse, we cannot pass a tagging order. Now that the victim is here… we will take the victim’s matter as a lead matter… List before the bench wherein Justice Trivedi is not a member,” Justice Rastogi said.

However, he said that all the matters will be tagged when the bench in different combination will sit.

As a senior advocate appearing for the released convicts questioned the maintainability of the petition by the PIL petitioners and their locus, Justice Rastogi said that once there is a plea by the victim (Bilkis Bano) then the point of locus goes.

On an earlier occasion on December 13, Justice Trivedi had recused from hearing the plea by Bilkis Bano when it first came up for hearing.

Earlier in December 2022, the top court had rejected Bilkis Bano’s plea seeking the recall of its May 13, 2022, judgment that had directed the Gujarat government to consider an application by one of the convicts, undergoing life imprisonment, seeking pre-mature release in pursuance to 1992 remission of sentence policy of the State.

Dismissing Bilkis Bano’s plea for the review of May 2022 judgment, a bench of Justice Ajay Rastogi and Justice Vikram Nath had said, “In our opinion, there appears no error apparent on the face of record, which may call for review of the judgment dated 13th May, 2022 …”

Challenging the grant of remission to 11 convicts, Bilkis has said that even though she is a victim of the crime, she had no clue about any such process of remission or premature release initiated.

Earlier, pleas seeking the revocation of the remission granted 11 convicts were filed by National Federation of Indian Women, whose General Secretary is Annie Raja, Member of the Communist Party of India (Marxist) Subhashini Ali, journalist Revati Laul, social activist and professor Roop Rekha Verma and TMC MP Mahua Moitra.

Gujarat government had earlier in its affidavit defended remission granted to convicts saying they completed 14 years sentence in prison and their “behaviour was found to be good.

Defending its decision to grant remission of sentence to 11 convicts, Gujarat government in its reply said that it had secured “suitable orders” for grant of remission to the convicts from the Centre. The investigation in the case was carried out by the CBI.

Gujarat government in its reply affidavit filed in the Supreme Court on October 17 has said that 11 convicts were in jail for 14 years and their “behaviour was found to be good”.

Stating that it had considered the case if 11 life-convicts as per its July 9, 1992 policy and with prior approval of the Central government and granted remission on August 10, 2022, the Gujarat government reply says that it is pertinent to note that the remission was not granted taking recourse to the circular governing grant of remission of sentence to prisoners as a part of celebration of 75 years of Indian independence.

The 11 convicts were released on August 15, 2022 pursuant to remission of sentence granted to them.

“State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good”, said the Gujarat government affidavit.