The Supreme Court has agreed to form a special bench to hear the appeal of Bilkis Bano, who was gang-raped during the Gujarat riots of 2002, against the commutation of sentence for eleven of the case’s convicted parties.
A bench composed of Chief Justice DY Chandrachud, justices PS Narasimha and JB Pardiwala, and Ms. Bano’s attorney Shobha Gupta assured Ms. Bano that a new bench would be formed.
Ms. Gupta brought up the matter for an urgent hearing and stated that a new bench must be formed.
Bilkis Bano challenged the Supreme Court’s May order allowing the Gujarat government to apply remission rules from 1992. She also filed a petition challenging the early release of eleven convicted rapists. The petition argued that the release of the convicts was legally unsustainable and that the case should be governed by Maharashtra’s remission policy as the supreme court had ordered the trial to be transferred from Ahmedabad to a competent court in Mumbai in 2004.
Bilkis stated that she requested the documents or entire file pertaining to the premature release of all convicts from the state government, but despite repeated reminders, the state government did not respond.
She stated that despite being the victim of the crime, she was unaware of the remission or early release procedures.
Background of case in Supreme Court:
Bilkis Bano was gang-raped during the communal violence that followed the burning of the Godhra train. She was 21 years old and five months pregnant at the time. Seven of her family members were killed by rioters. Her three-year-old daughter was also among those who perished. The eleven men who subjected her to brutality were pardoned by the government of Gujarat in August of this year, per its pardon policy.
But Bilkis Bano has decided to fight for justice once more and has petitioned the Supreme Court to prevent the early release of 11 convicted criminals: Radheshyam Shah, Keshubhai Vadaniya, Mitesh Bhatt, Jaswant Chaturbhai Nai, Shaileshbhai Bhatt, Bakabhai Vadaniya, Pradip Modhiya, Rajibhai Soni, Rame
Bilkis Bano stated, in reference to her decision to file a petition with the Supreme Court challenging the early release of eleven convicts.
Bilkis Bano has decided to fight for justice once more and has petitioned the Supreme Court to prevent the early release of 11 convicted criminals: Radheshyam Shah, Keshubhai Vadaniya, Mitesh Bhatt, Jaswant Chaturbhai Nai, Shaileshbhai Bhatt, Bakabhai Vadaniya, Pradip Modhiya, Rajibhai Soni.
She stated that the Gujarat government’s decision on August 15 to grant early release to eleven convicts “shook the conscience of society.”
Why were the convicts released?
The Supreme Court of India was petitioned by one of the convicts in the case to direct the State of Gujarat to consider his application for preÂmature release under the policy dated 9 July 1992 that was in effect at the time of his conviction.
The Supreme Court then ordered the Gujarat government to consider the application because all proceedings, including remission or preÂmature release, were required to be evaluated in accordance with the applicable policy in the State of Gujarat.
In response to petitions challenging the early release, the Gujarat government informed the Supreme Court in an affidavit that the 11 convicts were released after serving 14 years in prison on good behaviour and with the approval of the Central government.
Way Forward
Initially, the pursuit of justice was difficult for Bilkis Bano. The recent setback has not deterred Bilkis Bano, and she is determined to seek justice, because this fight represents not just her own struggle but that of a lot of women in this country, as is apparent from the mass support that she has garnered for her cause, over the years.
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