Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, challenging the remission of sentence of 11 convicts in the case by the state government.
While posting the matter for hearing on April 18, a bench of Justices K M Joseph and B V Nagarathna said there is a gamut of issues involved and it needs to hear the matter in detail.
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Bano was gang-raped and seven members of her family were killed during the 2002 Gujarat riots.
The Centre and the Gujarat government on Tuesday told the Supreme Court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts in the Bilkis Bano case.
Justice Rastogi said now that the victim has approached this court challenging the remission to convicts, her plea will be taken as a lead matter. The rest of the petitions will be tagged along with her plea when the bench will sit with a different combination of judges, Justice Rastogi said.
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"The problem is we don't have doctors, nurses, attendants, oxygen and medicines. It is a complete failure of the state," the bench said, adding that, "its getting tougher for us".
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A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta, appearing for Bano, that another bench was needed to be constituted to hear the case.
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Bilkis Bano on Wednesday challenged the remission of sentence and release of convicts in the 2002 rape and murder case filing a plea before the Supreme Court.
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Seeking an interim stay on the high court order, Joshi's petition said it was the top court's duty to ensure that all constitutional authorities act within the 'Lakshman rekha' drawn for each one of them.
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