The Supreme Court of India is set to announce its verdict on petitions challenging the Gujarat government’s decision to grant early release to convicts in the Bilkis Bano case. The case involves the brutal gang rape of Bilkis Bano and the murder of her family members during the 2002 Gujarat riots. The judgment will be delivered by a special bench of Justices B.V. Nagarathna and Ujjal Bhuyan on January 8.
The Gujarat government released 11 convicts who were serving life sentences in the Bilkis Bano case on August 15, 2022, under the state’s remission policy. This move has been contested through a series of public interest litigations (PILs) filed by individuals and organizations, including CPI-M leader Subhashini Ali, Trinamool Congress leader Mahua Moitra, and the National Federation of Indian Women.
During the hearings, the Central government, the Gujarat government, and the convicts all opposed the PILs, arguing that the victim herself had approached the court, and others should not be allowed to intervene in a criminal matter. The convicts also maintained that the remission orders granting them early release were in the form of judicial orders and could not be challenged through a writ petition.
On the other hand, senior advocate Indira Jaising, representing one of the PIL litigants, argued that the remission orders were legally flawed and that the crimes committed against Bilkis Bano during the 2002 riots should be considered crimes against humanity based on religious grounds. Jaising emphasized that the verdict of the Supreme Court would reflect the nation’s conscience.
The petitioners also highlighted that the convicts had failed to pay the fines imposed on them, rendering the remission orders illegal. However, during the final hearing, the convicts deposited the fines with the trial court in Mumbai in an attempt to minimize controversy. The Supreme Court questioned this action, asking why the convicts had made the deposit without awaiting the outcome of their applications before the court.
In October of last year, the Supreme Court directed the Centre and the Gujarat government to submit the original records related to the remission granted to the 11 convicts. The Bilkis Bano case dates back to the post-Godhra riots in March 2002 when Bilkis Bano, who was pregnant at the time, was gang-raped and left to die along with 14 members of her family, including her three-year-old daughter.
The verdict of the Supreme Court on these petitions will have significant implications for the convicts, the victims, and the larger issue of justice in cases related to communal violence. The judgment will also shed light on the scope and limits of remission policies implemented by state governments. The decision is eagerly awaited, with the hope that it will bring justice and closure to the victims of this horrific crime.
