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Bilkis Bano case: The Supreme Court of India on Monday quashed the Gujarat government’s decision to grant remission and early release to 11 convicts in the Bilkis Bano rape case. The decision was hailed by many political leaders including Rahul Gandhi who called it a “victory of justice”.
Rahul Gandhi took to microblogging site X to hail Supreme Court‘s decision on Bilkis Bano rape case and said, “The tendency to ‘kill justice’ for electoral gains is dangerous for the democratic system. Today the Supreme Court’s decision once again told the country who is the ‘patron of criminals’. Bilkis Bano’s tireless struggle is a symbol of the victory of justice against the arrogant BJP government.”.
Further Priyanka Gandhi Vadra also took to X to say that justice has ultimately prevailed.
“With this order, the veil over the anti-women policies of the Bharatiya Janata Party has been removed. After this, public confidence in the justice system will be further strengthened. Congratulations to Bilkis Bano for continuing her fight bravely,” Vadra said.
The Supreme Court on Monday held as nullity the May 13, 2022 judgement of another bench of the apex court, which had directed the Gujarat government to consider the remission applications of the 11 convicts in the Bilkis Bano gang-rape case and murder of seven of her family members, saying it was obtained by “playing fraud on court”.
In its May 13, 2022 verdict, a bench comprising Justices Ajay Rastogi (now retired) and Vikram Nath had asked the Gujarat government to consider the plea of convict Radheshyam Shah for premature release in terms of its remission policy of July 9, 1992, holding that the government of the state where the offence had taken place has the jurisdiction to decide the application.
On Monday, the top court noted that Shah had initially approached the Gujarat High Court in 2019 for a direction to consider his application for remission.
The 11 convicts released prematurely were: Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Mordhiya, Radheshyam Shah, Rajubhai Soni, Ramesh Chandana and Shailesh Bhatt.
Besides the petition filed by Bilkis Bano contesting the remission, several other PILs, including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma, challenged the relief. TMC leader Mahua Moitra also filed a PIL against the remission and the premature release of the convicts.
Bilkis Bano was only 21-years-old and five months pregnant when she was gang-raped while fleeing the horror of the communal riots. Her three-year-old daughter was among the seven family members killed in the riots.
All 11 convicts in the case were granted remission by the Gujarat government and released on August 15, 2022.
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