Supreme Court’s Verdict on Bilkis Bano Rape Case: Slams Gujarat’s Government on Remission Decision
Image Source: The Economic Times
The Supreme Court pronounced a verdict today on a batch of petitions quashing the Gujarat government’s decision to remit the sentences of 11 convicts who had gang-raped Bilkis Bano and killed 14 members of her family during the 2002 communal riots. Bilkis Bano was 21 years old and 5 months pregnant when she was gang-raped, and her three-year-old daughter was one among the 14 family members who were killed.
The petitions today included the one filed by Bilkis herself. A bench of justices B V Nagarathna and Ujjal Bhuyan had wound up proceedings in October and reserved its verdict after hearing all parties, including the convicts. During the hearing, the center and the Gujarat government had justified the decision of allowing premature release of the convicts. The court relied on their decision, saying that the convicts did not commit a ‘rarest-of-rare-crime’ and should be given a chance to reform and reintegrate into society.
The Supreme Court today overturned the Gujarat government’s decision of premature release of the convicts, stating that the decision was obtained through fraudulent means and suspension of facts. The bench of justices, B V Nagarathna and Ujjal Bhuyan, said the Gujarat government was not the appropriate government to pass the remission order as the trial was held in Maharashtra.
The bench sought answers from the government, saying that they should have sought a review of the 2022 order, stating they aren’t the competent government to make a judgment on the remission of the convicts. Given that criminals can only be released by the state where they were tried, said the Supreme Court. The bench also asked why the remission policy was being implemented selectively while many other prisoners still languished in jail.
The Supreme Court seriously questioned its own judgment in May 2022, delivered by Justice Ajay Rastogi that allowed the convicts to apply for their early remission before the Gujarat government. The court said that the victim’s rights are important, and women deserve respect no matter how high or low her position in society might be or whichever faith she may belong to. “Can such heinous crimes against women permit remission?” asked Justice Nagarathna.
Bilkis, in her submission, told the bench that the state granted them remission without considering the nature of the offense and that they didn’t deserve any of it as they were not at all remorseful about the crime. A batch of petitions was filed in the apex court by social activists and politicians after all the 11 convicts were granted remission and released on August 15 last year. Bilkis then moved to the apex court in November. Few notable petitioners who reached out to the Supreme Court are CPM leader Subhashini Ali, independent journalist Revati Lau, former vice-chancellor of Lucknow University Roop Rekha Verma, and TMC MP Mahua Moitra.
The convicts had taken it to the state that they had already suffered a lot and spent more than 14 years in jail and should now be allowed to reunite with their families. Pleading that their freedom shouldn’t be “snatched,” and that the court should consider a reformative approach and provide them with a chance to reform.
Supreme Court’s verdict on the case against the state today stands as a landmark decision against the nature of the crimes that aren’t remissible.
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