Hearing in SC on Bilkis case, notice to Gujarat government on release of culprits, CJI’s instruction – make the guilty also a party
Hearing was held on Thursday against the release of the accused of Bilkis Bano rape in the Supreme Court. When the counsel for the convicts argued in front of CJI NV Ramana that we are not a party in this matter. The petition was filed against us. On this, CJI Ramana questioned why he was not made a party. The court also directed these people to form a party.
The court has sent a notice to the Gujarat government regarding the release of the convicts. The matter will be heard after two weeks.
Who said what in the courtroom
Kapil Sibal on behalf of the petitioners: Many people lost their lives in the riots, the same thing happened in Dahod. Bilkis and Shamim were trying to escape. Shamim gave birth to a child. When people saw these two, they said that kill them. The head of a 3-year-old boy was banged on the ground. Pregnant raped. With regard to release, is it not a ground for judicial review?
Supreme Court: Are you saying that relief cannot be given? Under the rules of the Gujarat government, the question is whether the convicts were eligible for relief or not?
CJI NV Ramana: I was not a party in the earlier decision. I saw somewhere that the court ordered the release of these people.
Lawyers for the convicts: My clients can be arrested again. We are not even a party in this matter. There is a petition against us.
CJI NV Ramana: Why didn’t you make him a party?
Kapil Sibal on behalf of the petitioners: We were fighting against the decision of the state government. We will implement it now.
CJI NV Ramana: Issuing notice to the Gujarat government. Give your answer Directs that 11 convicts should also be made a party.
11 convicts released on 15 August after serving 18 years’ sentence
Apart from CJI Ramana, a bench of Justice Ajay Rastogi and Justice Vikram Nath will hear the matter. CPI(M) MP Subhasini Ali, Journalist Revati Lal and Professor Roop Rekha Verma had filed a petition against the Gujarat government’s decision. 11 convicts serving life term for the gangrape of Bilkis Bano and murder of 7 family members were acquitted.
The convicts of Bilkis got the release under the Gujarat government’s remission policy (forgiveness scheme)
The other two members of the bench in the Supreme Court, Justice Rastogi and Justice Vikram Nath, were part of the bench that ruled in May 2022 that the Gujarat government had the right to grant relief to the convicts.
Bilkis Bano was gang-raped in the riots that broke out after the Godhra incident
Riots broke out in Gujarat on 3 March 2002 after the Godhra incident. During the riots, a furious mob entered the house of Bilkis Bano in Randhikpur village in Limkheda taluka of Dahod district. These rioters had gang-raped Bilkis. Not only this, 7 people of his family were also murdered.
January 2008 Special court of CBI had given punishment
Bilkis was 21 years old at the time of the accident and was pregnant. In the riots, 6 members of his family managed to escape after saving their lives. The gangrape accused were arrested in 2004. In January 2008, a special CBI court sentenced 11 convicts to life imprisonment. The Bombay High Court had upheld the conviction of the accused.
The accused were first lodged in Arthur Road Jail in Mumbai and then in Nashik Jail. After about 9 years, everyone was sent to the subjail of Godhra. One of these convicts, Radheshyam, had petitioned the Supreme Court to waive the sentence.
Bilkis’s family in awe since release
As much as the family of Bilkis Bano is shocked by the decision to release the convicts, it is equally frightened. Yakub Rasool says that Bilkis is disappointed after coming to know about this. Not talking to anyone. He is not in a condition to say anything. Bano’s husband Yakub Rasool told Dainik Bhaskar that because of him we kept living in fear. Changed 15 houses, where to go now.
