Pradipbhai Ramamlal Modiya, one of the convict in Bilkis Bano gang rape case, petitioned the Gujarat High Court for a 30-day parole after the passing of his father-in-law. However, the court approved a 5-day parole for him.
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The Gujarat High Court has granted parole to one of the convicts involved in the infamous Bilkis Bano gang rape case, following the demise of his father-in-law. This case, stemming from the harrowing events of the 2002 Gujarat riots, has been a focal point of national outrage and a test case for India’s justice system in dealing with crimes of such heinous nature.
The convict in question was among the eleven individuals convicted for their roles in the gang rape of Bilkis Bano and the murder of her family members during the communal violence that swept through Gujarat in 2002. The spotlight returned to this case on August 14, 2023, when these eleven convicts were released from prison after being granted remission by the Gujarat High Court.
This decision was based on a Supreme Court judgment from May 2022, which clarified that the application for remission should be considered in accordance with the policy of the state where the crime occurred (Gujarat, in this instance), rather than the state where the trial was conducted (Maharashtra, in this case).
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Following the Supreme Court’s directive, the Gujarat government applied its remission policy, leading to the release of the convicts. However, this move was met with widespread criticism and legal challenges, including a petition by Bilkis Bano herself, questioning the ethical and legal grounds of the government’s decision.
The controversy around the remission took a significant turn on January 8, when Justices BV Nagarathna and Ujjal Bhuyan of the Supreme Court quashed the remission granted by the Gujarat government, stating unequivocally that the:
“Gujarat government had no power to apply its remission policy to these eleven convicts.”
This landmark decision underscored the limitations of state powers in granting remission and mandated all eleven convicts to surrender within two weeks, marking a pivotal moment in the pursuit of justice for Bilkis Bano.
The granting of parole to one of the convicts on compassionate grounds, following the death of a close family member, adds another layer to the complex narrative of justice, mercy, and the rule of law. It raises pertinent questions about the balance between the rights of convicts and the imperatives of justice for victims of violent crimes, especially in cases that have had a profound impact on the collective conscience of the nation.
As the legal saga surrounding the Bilkis Bano case continues to evolve, it remains a stark reminder of the challenges faced by the Indian legal system in addressing crimes of communal violence and sexual assault, and the ongoing struggle for justice and reconciliation in the aftermath of communal riots.
CASE:
Bilkis Yakub Rasool v. Union of India & Ors., Writ Petition (Criminal) No. 491 of 2022
BACKGROUND OF THE CASE
The Bilkis Bano case is a significant and harrowing chapter in India’s legal and social history, rooted in the tragic events of the 2002 Gujarat riots. Here’s an overview of the case’s history:
2002 Gujarat Riots: In February and March 2002, the Indian state of Gujarat experienced communal violence, triggered by the burning of a train in Godhra, which resulted in the deaths of 59 Hindu pilgrims. This incident led to widespread riots across Gujarat, resulting in extensive loss of life and property, predominantly affecting the Muslim community.
Bilkis Bano’s Ordeal: During these riots, on March 3, 2002, Bilkis Bano, who was five months pregnant at the time, was brutally gang-raped, and 14 members of her family were murdered in the village of Randhikpur in Dahod district, Gujarat.
Legal Proceedings and Convictions
Initial Hurdles: Bilkis Bano faced numerous challenges in getting her case registered. The local police dismissed her allegations, leading to the case being closed initially.
CBI Investigation: The case was later reopened by the Supreme Court of India, and the investigation was handed over to the Central Bureau of Investigation (CBI).
Trial Shifted: Due to concerns about the fairness of the trial in Gujarat, the Supreme Court transferred the case to Mumbai in August 2004.
Conviction in 2008: In January 2008, a Mumbai Special Court convicted 11 men for rape and murder. Bilkis Bano was also provided with compensation and a government job.
Subsequent Developments
Life Sentences: The 11 convicts were sentenced to life imprisonment.
Death Sentence Petition: The CBI sought the death penalty for three of the convicts, but this was rejected by the Bombay High Court.
Release and Controversy: In August 2022, the Gujarat government prematurely released the 11 convicts under its remission policy, leading to widespread criticism and legal challenges.
Supreme Court’s Intervention
2022 Supreme Court Ruling: Reacting to the premature release, the Supreme Court, in January 2024, set aside the remission granted by the Gujarat government, stating that the state did not have the jurisdiction to grant remission as the trial was conducted in Maharashtra. The Court ordered the convicts to surrender.
Impact and Significance
Symbol of Struggle and Resilience: Bilkis Bano’s case became a symbol of the struggle for justice against communal violence and the resilience of a woman who fought against tremendous odds.
Legal Precedents: The case set significant legal precedents regarding the transfer of trials, witness protection, and the rights of victims in communal violence.
Conclusion
The Bilkis Bano case is not just a legal battle but a poignant reminder of the deep scars communal violence can leave on society and the importance of a resilient judicial system in upholding justice and human rights.
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