Two convicts from the Bilkis Bano case have approached the Supreme Court, urging the transfer of the case to a larger bench. They point to differing observations from two separate benches regarding the matter.
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NEW DELHI: In the Bilkis Bano case, two convicts have approached the Supreme Court with a plea demanding the transfer of their case to a larger bench. This request stems from contrasting observations made by different benches of the court regarding the jurisdiction and early release of the convicts.
Bilkis Bano’s ordeal began in 2002, amidst the chaotic aftermath of the Godhra train burning incident in Gujarat. At 21 years old and five months pregnant, Bano became a victim of a heinous gang rape while attempting to flee the riots. The violence also claimed the lives of seven of her family members, including her three-year-old daughter.
The legal journey that followed culminated in 2008 with the conviction of 11 men responsible for the crimes against Bano and her family. These individuals were incarcerated in the Godhra sub-jail and remained there until their release on August 15, 2022. Their release, sanctioned by the Gujarat government under its remission policy, came after they had served more than 15 years in prison.
The core of the current legal contention lies within the plea submitted by the two convicts. They argue that there has been a discrepancy in the judicial handling of their case, specifically pointing out that one bench of the Supreme Court, in May 2022, designated Gujarat as the appropriate authority to decide on the case. Conversely, a different bench later asserted that Maharashtra should be considered the competent government to handle the matter.
This “diametrically opposite view,” as described in their plea, has led to confusion and a call for clarity. The convicts have challenged the petition against their early release, asserting that it does not align with the Constitutional Judgement of the Supreme Court. They urge for the matter to be referred to a larger bench due to the “conflicting judgements” presented by co-ordinate benches of equal judge count.
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The plea not only seeks to resolve the immediate legal paradox but also touches upon deeper issues of jurisdiction, justice, and the interpretation of law. As the Supreme Court contemplates this request, the Bilkis Bano case continues to be a poignant reminder of the complexities and challenges within India’s legal and social fabric.
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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