On November 29, the Supreme Court will hear the Petitions filed against the Premature Release of Bilkis bano rape Convicts.
BILKIS BANO RAPE CASE.
On 27th February 2002, large number of ‘Hindu Kar Sevaks’ being allegedly killed by members of Muslim Community by burning “Sabarmati Express” at Godhra Railway Station.
This led to Riots in the state of Gujarat. There was fear of life to Muslim families and Hindu families after the outbreak of Hindu-Muslim riot. The Muslims were tried to escape from their locality due to the fear of Hindu’s who were searching the Muslim resident areas and burning their house and killing Muslims families extensively.
Bilkis Bano is a victim and survivor of this riot. On 03/03/2002 when she and her family were going to the village named Sarjumi, they were blocked the way by a group of about 25 Hindu’s and they started attacking the family of Bilkis Bano by shouting ‘Musalmanoko Maro’. Bilkis was pregnant at the time she was brutally raped along with other female members I her family by the accused and her family members were killed including her daughter
After many hours she gained Consciousness, she left that place after seeing the dead bodies of her relatives. The next day she reached Pw11 Sumaliben, who gave her clothes. She approached Limkheda Police Station. Later she was taken to Godha Relief Camp.
The CBI filed a charge sheet on 19.04.2004 after the completion of investigation.1
THE PREMATURE RELEASE OF THE CONVICTS
The accused in this case were arrested in 2004, the case was transferred to CBI. On 23rd January,2008 , the Special Court of CBI sentenced the accused to Life Imprisonment on charge of Committing rape of a pregnant women, Murder and unlawful Assembly under IPC.
Later, the convicts approached Gujarat HC seeking remission under sections 432 and 433 of Cr.PC. The HC dismissed the Petition while observing that the appropriate Government to take a decision.
The Government formed a committee and they unanimously took a decision to remit the convicts. On 15th August, 2022 the convicts were released by the Gujarat Government. There were widespread oppositions to this remittance.
THE SC DECISION TO HEAR THE PETITIONS ON NOVEMBER 29
The SC Bench consists of Justices Ajay Rastogi and C.T. Ravikumar scheduled the next hearing date to November 29 as the petitioners asked time to file the counter for the affidavit filed by the Gujarat Government opposing the PIL’s filed by CPI-M member Subhashini Ali, Journalist Revati Laul, Prof. Roop Rekha Verma, TMC MP Mahua Moitra, Dr. Meeran Chandha Borwankar (ex-IPS), Madhu Badhuri (ex-IFS) and Jagdeep Chokar,an Activist. The PIL was filed against the premature release of 11 Convicts.
AFFIDAVIT BY GOVERNMENT
The affidavit is filed by the Gujarat Government revealing that while the home ministry and all the authorities recommended the convicts release, the SP,CBI, Special Crime Branch of Mumbai and the special Judge CBI of greater Bombay opposed the same. The remission was granted on august 10,2022as per the premature release policy of 1992. It sought the approval from the government of India under Section 435 of Cr.P.C through a letter dated 11 July 2022-10-18 .The state government clarified that, they are not released as part of ‘Azadi ka Amrit Mahotsav’.
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