Bilkis Bano Case: SC To Hear Plea On Early Release Of Convicts Today

The appeal contesting the early release of the 11 convicts in the Bilkis Bano case will be heard by the Supreme Court today. The plea is challenging the remission of the 11 convicts in the gang rape and also involves the killing of family members of Bilkis Bano during the Gujarat riots in 2002. The […]

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Edited By: Sonia Dham
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The appeal contesting the early release of the 11 convicts in the Bilkis Bano case will be heard by the Supreme Court today. The plea is challenging the remission of the 11 convicts in the gang rape and also involves the killing of family members of Bilkis Bano during the Gujarat riots in 2002. The plea was filed by several political and right activists and the writ by Bilkis Bano will the heard by a bench of justices KM Joseph and BV Nagarathna. On March 22, Chief Justice DY Chandrachud issued an urgent listing order and approved the formation of a fresh bench to hear the group of appeals.

According to the reports, after Shobha Gupta appearing for Bilkis Bano, mentioned the plea for the early listing, chief justice DY Chandrachud on March 22, said, “I will have a bench constituted. Need to break two benches for it. Will look at it this evening.”

All the 11 convicts in the case walked free on August 15, 2022, after the Gujarat government granted them the remission to walk free on August 10 in the Bilkis Bano case.

Since Justice Bela M. Tridevi rescued the hearing, lawyer Gupta earlier raised the issue for an early hearing and stated that the Chief Justice of India must appoint a new bench. Besides filing a petition against the premature release of the 11 convicts in the case, she has also filed a review petition against one of the convicts on his release by the Gujarat government. Although, the review petition was dismissed in the case.

Some PILs were also filed for seeking directions to revoke the remission granted to 11 convicts. Annie Raja, general secretary of the National Federation of the Indian Women, Subhashini Ali, member of the Communist Party India, Journalist Revati Laul, and Roop Rekha Verma, social activist and professor and TMC MP Mahua Mitra filed the plea in the case. However, the Gujarat government has defended the remission grants saying that the behaviour of the convicts was good and also defended that the convicts have already completed 14 years of imprisonment. The affidavit by the Gujarat government said, “State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”

The petitioners who submitted the PIL were also attacked by the government, who claimed they were unrelated to the case. According to the arguments, they were disputing the Gujarati government’s competent authority’s decision to release 11 people accused of several heinous crimes on August 15, 2022, as a result of remission being granted to them. Remission in this dreadful situation, claim petitioners, would be wholly at odds with the public interest, shock the public conscience, and the victim’s interests (her family has made public statements expressing fear for her safety).

Bilkis in her plea said that the premature release of the prisoners has disturbed the conscience of society. She stated that the Supreme Court has already ruled that remissions are not authorised and that each convict’s case must be individually reviewed before the relief is granted.

What is Bilkis Bano Case?

During the post-Godhara riots in March 2002, 14 members of Bilkis Bano’s family, including her 3-year-old daughter, were gang-raped and left to die. Bano was five months pregnant at the time of the incident. And all 11 of the convicted individuals were freed under Gujarat’s remission policy in effect at the time of their conviction in 2008. On August 15, 2022, all 11 of the defendants who had received life sentences in the case were released.