Supreme Court quashes premature release of 11 Bilkis Bano case convicts by Gujarat
Satya Prakash
New Delhi, January 8
The Supreme Court on Monday quashed the premature release of 11 men convicted of raping Bilkis Bano and killing seven of her family members during the 2002 post-Godhra riots, saying the Gujarat Government didn’t have the jurisdiction to deal with their remission pleas.
- Editorial: Bilkis Bano case
A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan held that “the Gujarat Government had no jurisdiction to entertain the applications for remission or pass the orders of remission on August 10, 2022, in favour of respondent No. 3 to 13 (the convicts) herein as it was not the appropriate government within the meaning of sub-section (7) of Section 432 of the CrPC”.
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I have wept tears of relief… This is what justice feels like. Thank Surpreme Court for giving me & every woman this vindication and hope of equal justice for all. Bilkis Bano, petitioner
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It said the “appropriate government” to consider their remission pleas was the Government of Maharashtra where the trial took place.
“The Government of Gujarat had usurped the powers of the State of Maharashtra, which only could have considered the applications seeking remission. Hence, the doctrine of usurpation of powers applies in the instant case,” it said.
The Bench, which had on October 12 last year reserved its verdict on petitions filed by Bano and others, directed the convicts to surrender before jail authorities concerned in two weeks, saying they can’t apply for remission afresh while on bail.
It slammed the Gujarat Government for being “complicit” and “acting in tandem” with one of the convicts and “usurpation” of powers not vested in it in granting remission to the convicts.
Bano, then 21 and pregnant, was gang-raped and her three-year-old daughter Saleha and 13 others were killed by a mob on March 3, 2002, at Dahod during violence that broke out in Gujarat after the Sabarmati Express was attacked in Godhra and 59 “karsevaks” were burnt to death.
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 granted remission on August 10, 2022, and released on August 15 last year due to completion of 15 years in prison, besides their age and behaviour during incarceration.
Besides the petition filed by Bano, several other PILs, including one by CPM leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma, had challenged the remission. TMC MP Mahua Moitra had also filed a PIL against the remission.
While holding that Bano’s petition was “maintainable”, the SC refused to go into the maintainability of PILs challenging the remission of sentence of the convicts, saying the issue would be examined in “an appropriate case’ in future.
The Gujarat Government had defended the premature release of the 11, saying they were entitled to reformation.
The Bench declared the remission order passed by the Government of Gujarat as a “nullity”, as it was based on May 13, 2022, order of the top court directing it to consider the convicts’ remission pleas that was contrary to the larger Bench decisions.
“If really State of Gujarat had in mind the provisions of law and the judgments of this court, and had adhered to the rule of law, it would have filed a review petition before this court by contending it was not the appropriate government.
“By failing to do so, not only have the earlier orders of this court in the matter been vindicated but more importantly, rule of law has been breached in usurping power not vested in it and thereby aiding respondent Nos. 3 to 13. This is a classic case where the order of this court dated May 13, 2022, has been used for violating the rule of law while passing orders of remission in favour of respondent Nos. 3 to13 in the absence of any jurisdiction by respondents — State of Gujarat,” the Bench said.
Gangrape-murder to walking free
- Mar 3, 2002: Mob gangrapes Bilkis Bano, kills 7 of her family
- Dec 2003: SC orders CBI inquiry
- Jan 21, 2008: Special court convicts 11, orders life imprisonment
- Dec 2016: Bombay High Court reserves verdict on appeals of 11
- May 4, 2017: Upholds life term
- May 13, 2022: SC asks Gujarat to consider premature release of 1
- Aug 15: As per state remission policy, 11 released from Godhra jail
- Nov 30: Bilkis moves SC against state decision to grant remission
- Oct 12: SC reserves verdict after 11 days of hearing on her petition
- Jan 8, 2024: SC quashes remission of 11, asks them to surrender
Directed to surrender within two weeks
- The 11 convicted of committing ‘grotesque and diabolical crime’ told to surrender before jail authorities within two weeks
- The convicts can, however, approach the Maharashtra Government with request for remission of their sentences
- Convicts were wrongly given remission by Gujarat as only Maharashtra, where trial took place, could have considered their pleas, said SC
Bilkis has finally got justice: NCP
Pune: Bilkis Bano has finally got justice, the Sharad Pawar-led Nationalist Congress Party said after the Supreme Court on Monday quashed the Gujarat Government’s decision to grant remission to 11 convicts in the case of her gang rape and murder of seven of her family members during the 2002 riots in that state.
“Today, Bilkis Bano got justice. The remission decision exposes the BJP’s stand to talk about ‘beti bachao, beti padhao’… on the one hand and shielding the people who unleash atrocities on women on the other,” the NCP said in a post on social media. — PTI
