The Supreme Court is scheduled to deliver its verdict today on a series of petitions challenging the premature release of 11 convicts involved in the Bilkis Bano gang rape case and the murder of seven of her family members amid the 2002 Gujarat riots.
As per the causelist published on the website of the apex court, a special bench of Justices B.V. Nagarathna and Ujjal Bhuyan will pronounce the judgment on January 8. In October 2023, the top court reserved its verdict after hearing all the parties on the question of validity of the Gujarat government's action releasing 11 convicts under the state's remission policy on August 15, 2022.
During the hearing, the Centre, Gujarat government, and convicts have opposed the PILs filed by CPI-M leader Subhashini Ali, Trinamool Congress leader Mahua Moitra, the National Federation of Indian Women, Asma Shafique Shaikh and others against the remission orders, saying that once victim herself has approached the court, others may not be allowed to intervene in a criminal matter.
Also, the convicts had contended that remission orders granting them early release have an essence of judicial order and cannot be challenged by way of filing a writ petition under Article 32 of the Constitution. On the other hand, senior advocate Indira Jaising, appearing for a PIL litigant, had contended that the remission orders are 'bad in law' and crime committed against Bano during the 2002 riots was a "crime against humanity" perpetrated on the basis of religion.
Bilkis Bano Case
In March 2002, amidst the Godhra riots, Bilkis Bano reportedly endured a brutal gang rape and was abandoned with 14 members of her family, including her three-year-old daughter. At the time of the horrific incident, she was 21 years old and five months pregnant, fleeing the violence of the communal riots in Vadodara.
Bilkis Bano, alongside others, approached the Supreme Court, contesting the premature release of 11 convicts. Various Public Interest Litigations (PILs) were filed, urging the court to issue directives for the annulment of the remission granted to these convicts. The Gujarat government, in its affidavit, had previously defended the remission, asserting that the convicts had served 14 years in prison and exhibited "good behavior."