Tag: Bilkis

Bilkis Bano case: SC posts hearing on July 11, directs to serve notice to convict

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New Delhi: The Supreme Court on Tuesday posted for July 11 a batch of petitions challenging the pre-mature release of 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
Abench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah adjourned the matter for hearing after the summer break of the top court. The Supreme Court will go on summer vacation from May 20 till July 2.
The bench directed the issuance of notice to the convict, which remained unserved till now.

The apex court directed the publication of notice in local newspapers, including in Gujarati and English, against the convict who could not be served notice.
During the hearing, the bench was informed that the house of one convict was found by the local police to be locked and his phone was switched off also.
The next date of hearing of the matter, i.e. July 11 shall also be published in the notice to be carried in the newspapers, the top court directed.
The bench passed this order saying it’s adopting this process so that time is not wasted on the next date of hearing and it cannot be argued that service is left incomplete.
“Notice to be published in one English newspaper and one vernacular in circulation in the area,” the apex court directed.

On May 2 also the Supreme Court deferred the hearing of the case after some of the counsels for the convicts raised objections about not being served notices on the pleas.
Bilkis Bano and others had approached the top court challenging the premature release of 11 convicts.
Besides filing a petition against the per-mature release of convicts, Bano had also filed a review petition seeking a review of its earlier order by which it had asked the Gujarat government to consider the plea for the remission of one of the convicts.
The review petition was dismissed.
Some PILs were filed seeking directions to revoke the remission granted to 11 convicts.
The pleas were filed by the National Federation of Indian Women, whose General Secretary is Annie Raja, Member of the Communist Party of India (Marxist) Subhashini Ali, journalist Revati Laul, social activist and professor Roop Rekha Verma and TMC MP Mahua Moitra.
Gujarat government in its affidavit had defended remission granted to convicts saying they completed 14 years of sentence in prison and their “behaviour was found to be good”.
The State government had said it has considered the cases of all 11 convicts as per the policy of 1992 and remission was granted on August 10, 2022, and the Central government also approved the release of convicts.
It is pertinent to note that the remission was not granted under the circular governing grant of remission to prisoners as part of the celebration of “Azadi Ka Amrit Mahotsav”, it had said.
The affidavit stated, “State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”
The government had also questioned the locus standi of petitioners who filed the PIL challenging the decision saying they are outsiders to the case.
The pleas said they have challenged the order of competent authority of the government of Gujarat by way of which 11 persons who were accused in a set of heinous offences committed in Gujarat were allowed to walk free on August 15, 2022, pursuant to remission being extended to them.
The remission in this heinous case would be entirely against public interest and would shock the collective public conscience, as also be entirely against the interests of the victim (whose family has publicly made statements worrying for her safety), pleas stated.
The Gujarat government released the 11 convicts, who were sentenced to life imprisonment, on August 15. All the 11 life-term convicts in the case were released as per the remission policy prevalent in Gujarat at the time of their conviction in 2008.
In March 2002 during the post-Godhra riots, Bano was allegedly gang-raped and left to die with 14 members of her family, including her three-year-old daughter. She was five months pregnant when rioters attacked her family in Vadodara.
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#Bilkis #Bano #case #posts #hearing #July #directs #serve #notice #convict
( With inputs from www.siasat.com )

May 9, 2023
Bilkis Bano case: Centre, Gujarat may seek review of SC’s ‘remission files’ order

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New Delhi: The Centre and the Gujarat government on Tuesday told the Supreme Court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts in the Bilkis Bano case.
A bench of Justices K M Joseph and B V Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the state.
It said, “A pregnant woman was gang-raped and several people were killed. You cannot compare victim’s case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally.”

“The question is whether government applied its mind and what material formed the basis of its decision to grant remission,” the bench said, adding, “Today it is Bilkis but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions.”
The bench posted the batch of pleas challenging the remission to the convicts in Bilkis Bano case for final disposal on May 2 and asked all the convicts who have not been served notices to file their replies.
It asked the Centre and the state to make its stand clear about filing of a review plea.
On March 27, terming Bilkis Bano’s gang-rape and the murder of her family members during the 2002 Godhra riots as a “horrendous” act, the Supreme Court had asked the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts in the case.
It had sought a response from the Centre, Gujarat government and others on a plea filed by Bilkis Bano, who was gang-raped and seven members of her family were killed during the 2002 post-Godhra riots.

Bano has challenged the remission of sentence of 11 convicts in the case.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The top court seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
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#Bilkis #Bano #case #Centre #Gujarat #seek #review #SCs #remission #files #order
( With inputs from www.siasat.com )

April 18, 2023
‘Horrendous’: SC issues notice on plea against release of 11 convicts in Bilkis Bano case

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New Delhi: The Supreme Court on Monday issued notice on a petition filed by 2002 Gujarat riots victim Bilkis Bano against the premature release of 11 persons convicted of her gang-rape and murder of her family members, calling the offence “horrendous”.
A bench of Justices K.M. Joseph and B.V. Nagarathna observed that before hearing the plea, the court would like to know what is the gamut of issues, which would aid in knowing the framework within which the issues have to be considered.
Advocate Shobha Gupta, representing Bilkis Bano, submitted that the state (Maharashtra), where the trial was held should decide on the remission of the convicts, and not the state where offence was committed.
During the hearing in the matter, the bench orally observed that the offence was “horrendous”.
Advocate Vrinda Grover, representing one of the petitioners, contended that the trial judge said no remission should be granted and also the CBI said that remission should not be given, yet they were released.
As the judges queried how many years each accused had spent in jail, counsel, representing one of the convicts, said over 15 years and 14 years is the requirement for consideration under Gujarat government remission policy. However, it was contested by a counsel, representing one of the petitioners.
Grover also informed the court, while on parole, another case of molestation of a woman was filed against one of the convicts and this was completely ignored while granting remission.
A contention was made during the hearing in the matter that all the petitions against the release of 11 convicts were “emotional pleas”. However, the bench said it is only on the law and has nothing to do with emotions. Noting that the crime against Bilkis Bano and her family was horrendous one, the bench made it clear that the matter will be decided on the basis of law.

After hearing detailed submissions, the top court scheduled the matter for further hearing on April 18.
Justice Joseph observed that the court has many murder cases before it, where convicts are languishing in jails for remission without years and queried if is this a case where standards have been applied uniformly as in other cases?
The bench directed the parties involved in the matter to complete the pleadings by the next date of hearing and also asked the state government to be ready with the relevant files connected with granting remission to the convicts on the next date of hearing.
In the plea, Bilkis Bano said: “The premature release of all the convicts came as a shock not only to the petitioner, to her grown up daughters, to her family, but also to the society at large, nationally and internationally, and the society across segments had shown their anger, disappointment, distrust and protest to the clemency shown by the Government by releasing criminals like the 11 convicts of the case.”
Terming the release order mechanical, the plea contended that the premature release of the convicts in much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in several agitations across the country.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
A batch of the petitions have been filed against the release of 11 convicts, including the one filed by Bilkis Bano. The other petitions were filed by CPI-M leader Subhashini Ali, Trinamool Congress MP Mahua Moitra, National Federation of Indian Women, Meeran Chadha Borwankar and others, Asma Shafique Shaikh and others. The top court has issued notice on all the pleas filed in the matter.
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#Horrendous #issues #notice #plea #release #convicts #Bilkis #Bano #case
( With inputs from www.siasat.com )

March 27, 2023
‘Balatkaar Justification Party’: KTR on BJP MP sharing stage with Bilkis Bano rapist

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Hyderabad: Bharat Rashtra Samithi (BRS) leaders K. Kavitha and her brother K.T. Rama Rao have lashed out at BJP after one of the convicts in Bilkis Bano gang-rape case shared stage with a BJP MP and MLA in Gujarat.
BRS working president K. T. Rama Rao also launched an attack on BJP describing it as Balatkaar Justification Party. “Welcome to Amritkaal,” taunted KTR. “Balatkaar Justification Party and its brazen embrace of these rapists is a true reflection of their mindset,” tweeted KTR.
Kavitha’s reaction:
Kavitha, daughter of BRS president and Telangana Chief Minister K. Chandrasekhar Rao, took to Twitter to express her outrage.
“Bilkis Bano rapist openly shares stage with BJP’s MPs and MLAs. What have we become as a community that perpetrators of heinous crimes against women are being celebrated and given a platform while the victims plead for justice. India is watching!,” tweeted Kavitha, a member of Telangana Legislative Council, while reacting to a news and picture of the convict sharing the stage with BJP MP and MLA.
Bilkis Bano Rapist openly shares stage with BJP’s MPs and MLAs.
What have we become as a community that perpetrators of heinous crimes against women are being celebrated and given a platform while the victims plead for justice.
India is watching! https://t.co/D90SiH84fC
— Kavitha Kalvakuntla (@RaoKavitha) March 27, 2023
Shailesh Bhatt, one of the 11 convicted in the Bilkis Bano gang-rape case and murder of her kin during Gujarat riots of 2022, shared the stage with a BJP MP and MLA in Gujarat at a government function in Dahod district on March 25.
The convict was seen sharing the stage with Dahod MP Jasvantsinh Bhabhor and Limkheda MLA Sailesh Bhabor.
Bhatt was among 11 convicts released on Independence Day last year after remission of their sentence. Bilkis Bano has already moved the Supreme Court challenging the premature release of the convicts.
The eleven persons were convicted for the gang-rape of Bilkis Bano, who was then five months pregnant, and for killing seven members of her family, including her three-year-old daughter.

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#Balatkaar #Justification #Party #KTR #BJP #sharing #stage #Bilkis #Bano #rapist
( With inputs from www.siasat.com )

March 27, 2023
Kavitha, Mahua Moitra react after Bilkis Bano’s rapist share stage with BJP MP

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Bharat Rashtra Samithi (BRS) MLC Kalvakuntla Kavitha, and Trinamool Congress MP Mahua Moitra expressed their opinions on Twitter after one of the convicts in the Bilkis Bano rape case shared a stage with a BJP MP and MLA at a government program on Saturday.
Shailesh Bhatt, a convict in the Bilkis Bano rape case, was present at the launch of a group water supply scheme, along with Dahod BJP MP Jasvantsinh Bhabhor and Limkheda MLA Sailesh Bhabhor.
Kavitha tweeted, “Bilkis Bano Rapist openly shares stage with BJP’s MPs and MLAs.
What have we become as a community that perpetrators of heinous crimes against women are being celebrated and given a platform while the victims plead for justice.
India is watching!”
Bilkis Bano Rapist openly shares stage with BJP’s MPs and MLAs.
What have we become as a community that perpetrators of heinous crimes against women are being celebrated and given a platform while the victims plead for justice.
India is watching! https://t.co/D90SiH84fC
— Kavitha Kalvakuntla (@RaoKavitha) March 27, 2023
Mahua Moitra wants to see rapists back in jail
Similarly, Moitra wrote, “Bilkis Bano’s Rapist Shares Stage With Gujarat’s BJP MP, MLA.
I want to see these monsters back in jail and the key thrown away. And I want this satanic government that applauds this travesty of justice voted out. I want India to reclaim her moral compass.”
Bilkis Bano’s Rapist Shares Stage With Gujarat’s BJP MP, MLA.
I want to see these monsters back in jail & the key thrown away. And I want this satanic government that applauds this travesty of justice voted out. I want India to reclaim her moral compass. pic.twitter.com/noaoz1c7ZW
— Mahua Moitra (@MahuaMoitra) March 26, 2023
MLA Jasvantsinh Bhabhor shared the photographs from the event on social media. He wrote, “At Limkheda taluka of Dahod district, Kadana dam bulk pipeline-based Limkheda group water supply scheme under the estimated amount of 101.89 crore works was laid. In which 43 villages of Limkheda taluka, 18 villages of Singhwad taluka and 3 villages of Jhalod taluka will benefit from this scheme.”
દાહોદ જીલ્લાના લીમખેડા તાલુકા ખાતે કડાણા ડેમ બલ્ક પાઈપલાઈન આધારિત લીમખેડા જૂથ પાણી પુરવઠા યોજના અંતર્ગત અંદાજીત રકમ ૧૦૧.૮૯ કરોડના કામોનું ભૂમિ પૂજન કર્યું. જેમાં લીમખેડા તાલુકાના ૪૩ ગામ, સિંગવડ તાલુકાના ૧૮ ગામ તથા ઝાલોદ તાલુકાના ૩ ગામને આ યોજનાનો લાભ મળશે.#MemberofParliament pic.twitter.com/sPxZR9VcsK
— Jasvantsinh Bhabhor (@jsbhabhor) March 25, 2023
SC to hear pleas against premature release of convicts
Today, the Supreme Court will hear pleas against the premature release of 11 convicts who gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
The Gujarat government granted remission to these convicts on August 10 last year, and they walked free on August 15, 2022.

The case will be heard by a bench of Justices KM Joseph and BV Nagarathna on March 27.
In March 2002, Bilkis Bano and her family were attacked during the post-Godhra riots, and she was gang-raped and left to die with 14 members of her family, including her three-year-old daughter.

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#Kavitha #Mahua #Moitra #react #Bilkis #Banos #rapist #share #stage #BJP
( With inputs from www.siasat.com )

March 27, 2023
Bilkis Bano case: SC to hear pleas against premature release of 11 convicts today

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New Delhi: The Supreme Court will hear a batch of pleas on Monday challenging the release of 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
The Gujarat government had granted remission to 11 convicts on August 10 last year following which they walked free on August 15, 2022.
A bench of Justices KM Joseph and BV Nagarathna will hear the case on March 27.
On March 22, Chief Justice of India DY Chandrachud said that he will constitute a bench to hear pleas. “I will have a bench constituted. Need to break two benches for it. Will look at it this evening,” he said after advocate Shobha Gupta, appearing for Bano, mentioned the plea for an early listing of the case.
Earlier also advocate Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted by the CJI as Justice Bela M Trivedi recused from hearing the plea.
A bench of Justices Ajay Rastogi and Bela M Trivedi earlier had ordered that matter be listed before the bench, in which Justice Trivedi is not a part of as she had recused herself from hearing the case.
Besides filing a petition against the pre-mature release of convicts, Bano had also filed a review petition seeking a review of its earlier order by which it had asked the Gujarat government to consider the plea for the remission of one of the convicts.
The review petition was dismissed.

Some PILs were filed seeking directions to revoke the remission granted to 11 convicts.
The pleas were filed by the National Federation of Indian Women, whose General Secretary is Annie Raja, Member of the Communist Party of India (Marxist) Subhashini Ali, journalist Revati Laul, social activist and professor Roop Rekha Verma and TMC MP Mahua Moitra.
Gujarat government in its affidavit had defended remission granted to convicts saying they completed 14 years of sentence in prison and their “behaviour was found to be good”.
The State government said it has considered the cases of all 11 convicts as per the policy of 1992 and remission was granted on August 10, 2022, and the Central government also approved the pre-mature release of convicts.
It is pertinent to note that the remission was not granted under the circular governing grant of remission to prisoners as part of the celebration of “Azadi Ka Amrit Mahotsav”, it had said.
The affidavit stated, “State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”
The government had also questioned the locus standi of petitioners who filed the PIL challenging the decision saying they are outsiders to the case.
The pleas said they have challenged the order of competent authority of the government of Gujarat by way of which 11 persons who were accused in a set of heinous offences committed in Gujarat were allowed to walk free on August 15, 2022, pursuant to remission being extended to them.
The remission in this heinous case would be entirely against public interest and would shock the collective public conscience, as also be entirely against the interests of the victim (whose family has publicly made statements worrying for her safety), pleas stated.
The Gujarat government released the 11 convicts, who were sentenced to life imprisonment, on August 15. All the 11 life-term convicts in the case were released as per the remission policy prevalent in Gujarat at the time of their conviction in 2008.
In March 2002 during the post-Godhra riots, Bano was gang-raped and left to die with 14 members of her family, including her three-year-old daughter. She was five months pregnant when rioters attacked her family in Vadodara.
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#Bilkis #Bano #case #hear #pleas #premature #release #convicts #today
( With inputs from www.siasat.com )

March 27, 2023
Bilkis Bano case: SC constitutes new bench to hear plea against remission to convicts

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New Delhi: The Supreme Court will hear on March 27 a batch of pleas challenging the remission of sentence of 11 convicts in the Bilkis Bano gang-rape case that also involves the killing of seven members of her family during the 2002 Gujarat riots.
A bench of justices KM Joseph and BV Nagarathna will hear the pleas filed by several political and civil rights activists, and a writ petition filed by Bano.
On March 22, Chief Justice DY Chandrachud directed the matter for urgent listing and agreed to constitute a new bench to hear the batch of pleas.
On January 4, a bench comprising justices Ajay Rastogi and Bela M Trivedi took up the petition filed by Bano and the other pleas. However, Justice Trivedi recused from hearing the case without citing any reason.
Bano had moved the apex court on November 30 last year challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022, order on a plea by a convict. The review plea was later dismissed in December last year.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The victim, in her pending writ petition, has said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.

“The en-masse premature release of the convicts in the much talked about case of Bilkis Bano has shaken the conscience of the society and resulted in a number of agitations across the country,” she has said.
Referring to past verdicts, the plea said en-masse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the state/central government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality,” it said.
The plea, which gave minute details of the crime, said Bano and her grown-up daughters were “shell-shocked with this sudden development”.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated,” it said.
The top court is seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15, last year, after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#Bilkis #Bano #case #constitutes #bench #hear #plea #remission #convicts
( With inputs from www.siasat.com )

March 24, 2023
SC assures Bilkis Bano of early hearing of her plea against remission to convicts

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New Delhi: The Supreme Court on Tuesday assured Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, that her plea against the remission of the sentence of 11 convicts will be heard soon after the constitution of a new bench.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed at the earliest.
Gupta mentioned the matter for urgent hearingand said that a new bench needs to be constituted by the Chief Justice of India as Justice Bela M Trivedi recused from hearing the plea.
CJI Chandrachud said, “I will do so at the earliest. The matter will be listed soon”.
Earlier, on January 24, the hearing on Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
On that day, the petition was listed for hearing before a bench of Justices Rastogi and CT Ravikumar.
Both Justices Rastogi and Ravikumar were then busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on the execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
On January 4, Justice Trivedi had recused from hearing a batch of pleas challenging the remission of the sentence of 11 convicts in Bano’s case.
Bano had moved the apex court on November 30, 2022 challenging the “premature” release of 11 lifers by the state government, saying it has “shaken the conscience of society”.

Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2022 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All 11 convicts were granted remission by the Gujarat government and released on August 15, last year.
Bano’s review plea against the May 13, 2022 order, however, was dismissed by the top court in December last year.
The victim, in her pending writ petition, has said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
“The en-masse premature release of the convicts in the much talked about case of Bilkis Bano has shaken the conscience of the society and resulted in a number of agitations across the country,” she has said in the plea.
Referring to past verdicts, the plea said en-masse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality,” it said.
The plea, which gave minute details of the crime, said Bilkis and her grown-up daughters were “shell-shocked with this sudden development”.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated,” it said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#assures #Bilkis #Bano #early #hearing #plea #remission #convicts
( With inputs from www.siasat.com )

February 7, 2023
Bilkis Bano’s plea against grant of remission to convicts could not be heard in SC

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New Delhi: The hearing on Bilkis Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government, could not be held in the Supreme Court on Tuesday as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
The petition of Bilkis Bano, who was gang-raped and seven members of her family slaughtered during the 2002 Gujarat riots, was scheduled to be heard on Tuesday by a bench of Justices Ajay Rastogi and CT Ravikumar.
However, Justices Rastogi and Ravikumar were busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
A fresh date for hearing will now be notified by the apex court registry..
Bilkis Bano had moved the apex court on November 30, 2022 challenging the grant of remission of sentence to 11 convicts by the state government, saying their premature release has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2021 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.

Her review plea, however, was dismissed by the top court in December last year.
The victim, in her pending plea, said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
“The enmasse premature release of the convicts in the much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in a number of agitations across the country,” she said in the plea.
Referring to past verdicts, the plea said enmasse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality by a group of human beings upon another group of human beings, all helpless and innocent people – most of them were either women or minors, by chasing them for days together persuaded by hate towards a particular community,” it said.
The plea, which gave minute details of the crime, said Bilkis and her grown up daughters were “shell-shocked with this sudden development”.
The decision of the government came as a shock to the citizens, nationally and internationally, and the society across segments showed “anger, disappointment, distrust” and protested the clemency shown by the government.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated and this is how the present petitioner along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts (respondents no. 3-13) of one of the most gruesome crime this country has ever seen of multiple time gang rape of a pregnant woman,” it said.
It referred to wide-virtual public protest in each city, on all social media platforms and news channels, portals.
“It was also reported heavily that Muslims of the area started fleeing away from Rahimabad in fear after release of these 11 convicts,” the plea said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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( With inputs from www.siasat.com )

January 24, 2023