The Supreme Court has dismissed petitions by the 11 convicts in the Bilkis Bano case seeking more time before they surrender and are sent back to jail. A bench led by Justice BV Nagarathna said the petitions lacked merit and ordered the convicts to return to jail by Sunday.
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NEW DELHI: TODAY(January 19,2024) the Supreme Court of India firmly dismissed the applications of all eleven convicts in the Bilkis Bano case, who sought additional time to surrender to jail authorities. The Court, emphasizing the lack of merit in the reasons provided by the convicts for postponing their surrender, mandated their compliance with the original deadline of January 21. This directive follows the Court’s January 8 judgment, which overturned the premature release of these convicts.
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The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, heard multiple applications from the convicts, who were seeking an extension to surrender. These convicts had been prematurely released by the Gujarat government in August 2022, after serving 14 years of their life sentence, under a 1992 remission policy. However, the Supreme Court ruled that the Gujarat government did not have the jurisdiction to grant remission, as the trial was conducted in Maharashtra. Consequently, the convicts were given a two-week deadline to surrender, which was approaching.
Senior Advocate V Chitambaresh, representing three of the convicts, urgently requested an extension of this deadline. Justice Nagarathna, in response, sought guidance from Chief Justice DY Chandrachud regarding the reconstitution of the bench and the scheduling of these applications.
The case, has been a focal point of national attention. It involves the sentencing of 11 individuals to life imprisonment for their roles in multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 Gujarat communal riots. The Supreme Court’s decision on January 8 to set aside the remission was the culmination of an 11-day hearing that began in August, with the judgment reserved on October 12.
Justice BV Nagarathna said:
“We have heard learned senior counsel and counsel for the applicants and the counsel for the non-applicants also. The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit inasmuch as those reasons in no way prevent them from complying with our directions. Hence the MAs are dismissed. Pending applications if any also stands disposed.”
The legal representation in this high-profile case was notable. Advocate Shobha Gupta represented Bilkis Bano, while Senior Advocates Indira Jaising, Vrinda Grover, Aparna Bhat, Nizamuddin Pasha, and Pratik R Bombarde appeared for various public interest litigants. Additional Solicitor-General SV Raju represented both the State of Gujarat and the Union of India. The convicts were defended by a team of senior advocates including Sidharth Luthra, Rishi Malhotra, S Guru Krishnakumar, and Advocate Sonia Mathur.
This ruling by the Supreme Court underscores the judiciary’s commitment to ensuring justice and adherence to legal procedures, particularly in cases of such grave nature. The decision to revoke the premature release of the convicts and the insistence on their immediate surrender reflects the Court’s dedication to upholding the rule of law in India.
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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