Bilkis Bano: SC issues notice to government over convicts' release
The Supreme Court issued a notice to the Gujarat government on a petition challenging the release of 11 men convicted in the Bilkis Bano rape case. CJI NV Ramana heard the matter on Thursday, a day before his retirement. The petition argues against the remission granted to rape convicts by the Gujarat government last week. Here's all about the development.
Why does this story matter?
Bano was 21 years old and five months pregnant when riots erupted in Gujarat following the burning of the Sabarmati Express train. On March 3, 2002, Bano and her family were attacked by a mob that raped her and slaughtered her family members in the Randhikpur hamlet near Ahmedabad. Over 1,000 people were reportedly killed in the 2002 Gujarat riots.
Matter listed for hearing after two weeks
The top court sought a response from the Gujarat government on the remission and listed the matter for hearing after two weeks. Appearing for the petitioners, senior advocate Kapil Sibal gave details about the horrific incident and urged the bench to reconsider the release. The plea has been filed by CPI(M) leader Subhashini Ali, filmmaker Revati Laul, and professor Roop Rekha Varma.
What did SC say?
The matter was being heard by CJI Ramana with Justices Ajay Rastogi and Vikram Nath. "We have to see whether there was application of mind in this case while granting remission," the SC said, according to Bar & Bench. The court also directed that the 11 convicts be made parties in the case. "Issue notice. File your reply," the court said to Gujarat's counsel.
Petition argues against release of convicts
The petition was filed this week, only days after the Gujarat government released the rape convicts, incidentally on India's 76th Independence Day. Trinamool Congress MP Mahua Moitra has also filed a separate petition challenging the remission. The matter was being heard on a day when SC is also scheduled to hear pleas on PMLA, Pegasus, PM Modi's Punjab security breach, and Teesta Seetalvad's bail.
Premature release after 15 years in jail
All 11 men sentenced to life were welcomed with sweets upon their release, which came as a shocker to many due to the heinous nature of their crimes: gang-raping Bano and killing seven of her family members, including her three-year-old daughter. They were granted premature release following a plea by one Radheshyam Shah (also a convict). The men have served 15 years in jail.
What were the charges against these men?
In 2008, a special CBI court in Mumbai sentenced the 11 accused to life for raping a pregnant woman, murder, and unlawful assembly. The Bombay High Court upheld the conviction later. Seven others were acquitted for lack of evidence; one died during the trial. In 2019, the Supreme Court directed Gujarat government to provide Bano a Rs. 50 lakh compensation, government job, and house.
'How can justice for a woman end like this?'
Following the rape convicts' release, in a short but strongly-worded statement, Bano questioned, "How can justice for a woman end like this?" Bano said that upon their release, the "trauma of the past 20 years" washed over her again. The survivor appealed to the Gujarat government to undo the decision and give her back the right to "live without fear and in peace."
Judge who sentenced rapists condemns remission
Speaking to Bar & Bench, Justice UD Salvi, who had sentenced the 11 men to life in 2008, earlier said that their release sets a "very bad precedent." "A very bad precedent has been set. This is wrong...Now, convicts in other gang rape cases would seek similar relief," he said. Additionally, retired Justice Salvi said the courts have to make a decision now.
