In Bilkis Bano case, Supreme Court quashed Gujrat government’s decision to grant remission to 11 convicts involved in the high profile gangrape case during the 2002 anti-Muslim violence in Gujrat state. Amid Gujrat government’s decision in 2022 to grant remission to 11 convicts in the case of gangrape of Bilkis Bano and murder of seven of her family members during the 2002 riots Bilkis Bano has been waiting for this day to wipe her tears.
Order of Apex Court:
Supreme court on May, 2022 judgement directed Gujrat government to consider the remission applications of the convicts as null and void since the petitioner (one of the convicts) was found foul playing with facts and misleading statements. But the Gujrat government set them free by arranging premature release in 2022, January. Finally, on 8th January, this year, the apex court quashed the order of Gujrat government on granting premature release of Bilkis Bano convicts.
The honourable court slammed the state for being ‘’complicit’’ with an accused and misusing its discretionary power. It ordered to bring back convicted criminal to jail who were released prematurely on Independence Day in 2022. Court also blamed Gujrat government for ‘usurping’ the power of Maharashtra government to grant remission to the convicts.
On the ground of false representation of facts, misleading statements and usurpation of jurisdiction, the highest legal body with a bench of Justices B V Nagarathna and Ujjal Bhuyan struck down the previous decision of Gujrat government.
The horrendous case:
The victim, Bilkis Bano was 21 years old and five months pregnant when she was gangraped while fleeing from the horrific communal violence occurred in 2002, Gujrat following the Godhra train burning incident. The 11 culprits also killed her 7 family members inhumanly when they tried to save her. Afterwards, the 11 men were convicted in 2008 by a CBI court in Mumbai. The Supreme Court had shifted the trial in the case from Gujrat to Maharashtra in 2004 by citing ‘exceptional circumstances’.
Filing writ petition:
One of the convicts- Radheshyam Shah filed writ petition after completing jail term of 15 years and 4 months, due to which the Supreme Court ordered Gujrat government to take prompt action on deciding remission plea as per state’s 1992 remission policy. Eventually Gujrat government mentioned an ‘unanimous’ recommendations given by Jail Advisory Committee (JAC) to grant premature release on the basis of ‘’good behaviour’’.
While examining the grant order undertaken by Gujrat government, the highest judiciary authority rejected the prayer of the convicts to regain their freedom and said that setting them free would send a wrong example to applying ‘rule of law’. Court can not empower a beneficiary whose grant is null and void in court’s eyes. Therefore, reviewing Gujrat order under the judicial review power of Supreme Court and quashed the same is the most appropriate action as per Supreme Court.
Image Source: News18
Serving Justice:
Long waited victim Bilkis Bano is feeling justice while acknowledging Supreme Court order. Weeping tears, she felt little relief after hearing court’s judgement on Monday. She said that after prolonged battle she is breathing again and has smiled for the first time in over a year and a half. This is for her children and for women everywhere who are fighting for justice-equality. This ushers justice to all irrespective of religion, language and culture, not limited to merely Bilkis Bano, this opens a new chapter in the history of Indian Justice system.
Further, she admired her supporters, her husband and children for being with her in this long battle and motivated her to keep continue. She appreciated her advocate Shobha Gupta who never allow her to lose faith in justice.
Bilkis Bano expressed her gratitude to thousands of known unknown people who joined filing PIL petitions in the Supreme Court for rejecting grant remission to convicts. Many from different parts of the country wrote open letters to review the judgement. She is grateful for showing strength and solidarity because of which the idea of justice is visible today.
