The Supreme Court (SC) issued a notice to the Gujarat government and the Centre on Thursday (August 25) in response to a petition challenging the release of 11 men convicted of raping Bilkis Bano during the post-Godhra riots in 2002.
While granting remission to the 11 convicts, the court stated that it would have to determine whether there was an application of mind. CJI NV Ramana presided over the hearing alongside Justices Ajay Rastogi and Vikram Nath.
Hearing the plea, Justice Rastogi stated: “They were found guilty of whatever crimes they committed. The question is whether they were justified in being considered for remission under the relevant scheme.”
He went on to say that the Supreme Court had only asked that the matter be considered by the law. The court also ordered that all convicts whose release is being contested throw a party.
“I read somewhere that the Supreme Court has granted permission for remission,” CJI Ramana said.
“No, the court said only to consider,” according to Live Law.
CPI(M) Politburo member Subhashini Ali, journalist Ravati Laul, and Prof. Roop Rekha Verma filed the case’s plea.
The Gujarat government released all 11 convicts under its remission policy on August 15 after they had served several years in prison. Lawyers and women’s rights activists were outraged by their release.
During the Gujarat riots in 2002, 11 men were convicted of gangraping Bilkis Bano and killing seven members of her family. All 11 of these people lived in the vicinity of Bilkis Bano’s home and knew about her.
HOW THEY RELEASED.
Radheshyam Shah, one of the convicts in the case, had petitioned the Gujarat High Court for a stay of execution under sections 432 and 433 of the Code of Criminal Procedure. In 2008, a special CBI court sentenced all 11 to life in prison. The High Court dismissed the petition, stating that the “appropriate government” to decide on the remission was Maharashtra, not Gujarat.
On April 22, 2022, he petitioned the Supreme Court for his remission. On May 13, 2022, the Supreme Court ruled that because the crime occurred in Gujarat, the state of Gujarat was the “appropriate government” to review Shah’s application.
The Gujarat government then convened a committee, which unanimously decided to grant remission to all 11 convicts.
on August 14th, and ordered their release. On August 15, all 11 convicts were released from jail.
Case of Bilkis Bano,
Bilkis Bano, who was five months pregnant at the time, fled her village with her family after riots erupted on February 27, 2002, following the burning of 59 karsevaks in the Sabarmati train coach at Godhra station. On March 3, Bilkis Bano was attacked by 20–30 men wielding swords, sickles, and sticks. Shailesh Bhatt, one of the accused, murdered Bilkis’ 3-year-old child.
The men then kidnapped Bilkis and other women in her family before murdering 14 members of her family, including women.
The Supreme Court had ordered a CBI investigation into the case. The defendant, in this case, was imprisoned in 2004.
The trial began in Ahmedabad but was later moved to Maharashtra after Bilkis Bano filed an appeal with the court claiming that witnesses in the case had been harmed and evidence had been tampered with.
In 2008, the CBI special court sentenced 11 defendants to life in prison. It also released seven other defendants in the case due to a lack of evidence, and one of the accused died during the trial.
The Gujarat government was ordered by the Supreme Court in 2019 to pay Bilkis Bano Rs 50 lakh in compensation, a job, and a house.
