The SC dismissed a petition filed by Bilkis Bano seeking to review a May 2022 decision that held that Gujarat had the appropriate jurisdiction to decide on the premature release of 11 men convicted of gangraping her and murdering her family members during the 2002 Gujarat riots.
The Supreme Court on Saturday denied Bilkis Bano’s request for a review of its ruling directing the Gujarat government to hear the remission requests of 11 gangrape offenders dismissed a petition filed by Bilkis Bano seeking to review a May 2022 decision that held that Gujarat had the appropriate jurisdiction to decide on the premature release of 11 men convicted of gangraping her and murdering her family members during the 2002 Gujarat riots.
About the incident
On March 3, 2002, when Prime Minister Narendra Modi was the chief minister of Gujarat, eleven men kidnapped Bano in a village near Ahmedabad. She was 19 years old and pregnant at the time. In the violence, fourteen members of her family were killed, including her three-year-old daughter, whose head was smashed on the ground by the assailants.
The men were released from a Godhra jail on August 15 after the Gujarat government approved their application under the state’s remission program. After their release, the criminals were met with sweets by their families on the same day. A member of the Rashtriya Swayamsevak Sangh had also congratulated them, generating an uproar.
The trial of the case
After Bilkis Bano received threats against her life, the trial was transferred from Gujarat to Maharashtra. Charges against 19 men, including six police officials and a government physician, were brought before the Mumbai court. A special court found 11 defendants guilty in January 2008 of plotting to rape a pregnant lady, murder, unlawful assembly, and other offenses under various Indian Penal Code sections. In order to protect the accused, the Head Constable was found guilty of “creating inaccurate records.”
The court acquitted seven people due to a lack of evidence. During the course of the trial, one individual died. According to the court, Bilkis was sexually assaulted by Jaswantbhai Nai, Govindbhai Nai, and Naresh Kumar Mordhiya (dead), and her daughter Saleha was slain by Shailesh Bhatt by “smashing” her to the ground.
Radheshyam Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Vohania, Bakabhai Vohania, Rajubhai Soni, Nitesh Bhatt, Ramesh Chandana, and Head Constable Somabhai Gori are some of the other defendants who have been found guilty.
According to the Supreme Court judgment in May 2022, the Gujarat government had the authority to determine whether to grant pardons to 11 prisoners who were given life sentences for gang rape and murder committed during the Gujarat riots of 2002. In May 2022, a court presided over by Justice Rastogi determined that because the offense was committed in Gujarat, the Gujarati government was authorized to hear the plea for exemption.
The Gujarat government had jurisdiction to evaluate the plea for exemption, according to a ruling made in May 2022 by a bench presided over by Justice Rastogi, as the offense had occurred in Gujarat. As the trial was conducted in Mumbai after being transferred from Gujarat, the Gujarat High Court previously ruled that the State of Maharashtra should take the exemption into consideration. All eleven prisoners were released later that day, August 15, 2022. Social media went viral with images of the hero welcoming the liberated prisoners, which angered some groups. In light of this context, Supreme Court public interest lawsuits challenging the relief given to the offenders were filed.
DCW’s take on the matter
Where do people go when the Supreme Court fails to deliver justice? Swati Maliwal, the head of the Delhi Commission for Women (DCW), requested on Saturday after the Supreme Court dismissed Bilkis Bano’s review petition. During the Gujarat riots in 2002.She tweeted” The Supreme Court denied Bilkis Bano’s petition. Bilkis Bano was gang-raped at the age of 21, and her three-year-old kid and six family members were murdered, yet the Gujarat government released all of the rapists. Where would people go if the Supreme Court does not deliver justice?”
