SC issues notice to Centre, Gujarat Govt on Bilkis Bano's petition against remission given to her rapists
New Delhi, March 27
The Supreme Court on Monday issued notice to the Centre, Gujarat government and the convicts in the Bilkis Bano gangrape case on her petition challenging the premature release of 11 men convicted of raping her and killing her family members during the 2002 Gujarat riots.
Noting that there’s a gamut of issues involved that needed to be heard in detail, a Bench led by Justice KM Joseph posted the matter for hearing on April 18.
It asked the Gujarat government to be ready with relevant files relating to grant of remission on the next date of the hearing.
The Bench, which also included Justice B V Nagarathna, said it would not be overwhelmed by emotions and would only go by the law.
The Supreme Court had earlier dismissed Bilkis Bano’s petition seeking review of its verdict asking the Gujarat government to consider the petitions for remission of sentences and premature release of the 11 convicts.
However, her separate petition challenging the remission of the sentences of the 11 convicts by the state government remained pending before the top court. The premature release of the convicts has “shaken the conscience of society”, she had submitted.
The 11 convicts prematurely released were Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana. They were said to have been released due to completion of 15 years in prison, besides their age and behaviour during incarceration.
Bilkis Bano, pregnant at the time of crime, was gang-raped and her three-year-old daughter Saleha and 13 others were killed by a mob on March 3, 2002, in Dahod during violence that broke out in Gujarat after the Sabarmati Express was attacked in Godhra and 59 ‘kar sevaks’, were burnt to death.
The Supreme Court had handed over the probe to the CBI and the trial was shifted to Mumbai where a Sessions Court in 2008 convicted 11 accused of gangrape and murder and awarded life imprisonment to them. Later, the conviction was upheld by the Bombay High Court and the Supreme Court.
Earlier, Justice Bela M Trivedi had on January 4 recused herself from hearing petitions against the premature release of convicts in the case.
Apart from Bano’s petition, there were other petitions filed by CPI-M leader Subhashini Ali, journalist Revati Laul, Lucknow University’s former Vice Chancellor Roop Rekha Verma, and TMC MP Mahua Moitra challenging the premature release of the convicts.