The Supreme Court on Tuesday charged lawyers for the convicts in the Bilkis Bano rape case with trying to avoid the bench of Justices K M Joseph and B V Nagarathna.
The remark was made in the context of counsel for the convicts seeking adjournment to file their counter-affidavits, and some of them alleging that service of notice had not been completed as alleged by counsel for the petitioner.
"It's quite clear that the attempt by the lawyers for the convicts was to avoid the present bench, since Justice Joseph, who is heading the bench, is due to retire soon," the bench was quoted as saying by legal news site Bar and Bench.
"It is clear what is being attempted. I am retiring on June 16 and my last working day is on May 19. It is obvious you do not want this bench to hear the case. You (lawyers) are officers of the court (first), do not forget that role. You may win or lose a case but do not forget your duty," Justice Joseph remarked, according to the Bar and Bench.
The bench was considering a batch of pleas challenging the decision of the Gujarat government to grant remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 riots.
The Court had issued notice in the case in March. 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.
On August 25 last year, the top court sought the response of the Gujarat government on some of the pleas.
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.
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The bench listed the matter for May 9 for further directions, stating that it would give a definite date for hearing after the top court's upcoming summer vacation
