New Delhi, 18 Jan

Five convicted of gang-raping Bilkis Bano and massacring seven members of her family during the 2002 communal riots moved Supreme Court on Thursday seeking more time to surrender.

This comes days after Supreme Court quashed the remission the Gujarat government had granted them.

The top court had on 8 January annulled the remission the Gujarat government granted to the 11 convicts in the high-profile case while slamming the State for being "complicit" with an accused and abusing its discretion. It ordered the convicts, who were released prematurely on Independence Day in 2022, to go back to jail within two weeks.

The reasons for seeking extension of the deadline to surrender include failing health, impending surgery, son's marriage and harvesting ripe crops.

The matter was mentioned before a bench of Justices BV Nagarathana and Sanjay Karol which asked the registry to place their applications before Chief Justice DY Chandrachud.

Senior advocate V Chitambaresh, appearing for some of the convicts, mentioned the matter and sought its urgent listing on Friday since the deadline to surrender expires on 21 January.

The five convicts who have sought relief are Govind Nai, Pradeep Mordhiya, Bipin Chandra Joshi, Ramesh Chandana and Mitesh Bhatt.

"The respondent himself is an old man who is suffering from asthma and is in really poor health. It is further submitted that the respondent was recently operated upon and had to undergo an angiography. It is also submitted that the Respondent is yet to undergo another operation for the treatment of 'Hemorrhoids'," Nai said in his plea.

In his plea seeking more time to surrender, Chandana said he was looking after his crops and that were ready for harvest. He said he is the only male member in the family and has to take care of the crops.

Mordhiya submitted he requires regular consultation with doctors after he underwent a lung surgery.

Another convict Mitesh Bhatt said his winter crops are ready for harvest and he needs to complete the task before surrendering.

Joshi has cited a recent leg surgery to seek relief.