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Supreme Court Dismisses Bail Plea of Bilkis Bano Case Convicts

July 19, 2024, 1:56 pm

The Supreme Court on Friday declined to entertain a petition from two convicts in the Bilkis Bano case seeking interim bail. The petition was filed after their early release was canceled, and they were re-imprisoned following the apex court’s January 8 verdict.

A bench of Justices Sanjiv Khanna and PV Sanjay Kumar rejected the plea, leading the convicts’ counsel to withdraw the petition. The bench questioned the maintainability of the plea, stating, “How can, in Article 32, we sit over appeal?”

On January 8, the Supreme Court annulled the Gujarat government’s decision to grant remission to 11 convicts who had gangraped Bilkis Bano and murdered her family during the 2002 Godhra riots.

In March, convicts Radheshyam Bhagwandas Shah and Rajubhai Babulal Soni approached the Supreme Court, requesting that their premature release be reviewed by a larger bench due to conflicting orders from different benches. They argued that the January 8 verdict was judicially improper and created legal uncertainty.

Their plea pointed out that the January 8 judgment by Justices BV Nagarathna and Ujjal Bhuyan overruled an earlier judgment by Justices Ajay Rastogi and Vikram Nath, which held that the Gujarat government was the appropriate authority to decide on remission applications for the convicts.

The plea stated that the January 8 judgment caused confusion about which legal precedent to follow. It also noted that the May 13, 2022, judgment by Justice Rastogi’s bench directed the Gujarat government to consider the remission applications, which the convicts alleged was obtained by misleading the court.

The Justice Nagarathna-led bench ruled that the Gujarat government was not competent to grant remission and that the Maharashtra government should decide on the matter, as the sentencing occurred within its territorial limits.

The plea concluded that due to the conflicting judgments, the matter should be referred to a larger bench for final resolution.

Bilkis Bano case: SC denies to extend time for surrender of 11 convicts

January 19, 2024, 2:23 pm

The Supreme Court denied the convicts’ requests on Friday to extend their deadline for turning themselves in to jail officials in the Bilkis Bano case. Judges BV Nagarathna and Ujjal Bhuyan’s bench dismissed the applications, ruling that the justifications given by the applicants to request a postponement of surrender and return to custody were without merit.

“The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit in as much as those reasons in no way prevent them from complying with our directions. Hence, the miscellaneous applications are dismissed. Pending applications, if any, also stand disposed,” said the bench.
The time for convicts to surrender will expire on January 21.

With reasons including health concerns, taking care of elderly parents, the approaching harvest of crops, and other matters, the 11 prisoners in the Bilkis Bano case have petitioned the supreme court for an extension of time to turn themselves in before the jail authorities. The Gujarat government pardoned the prisoners involved in the 2002 Godhra riots, which resulted in the gangrape of Bilkis Bano and the murder of her family members. Despite receiving a life sentence, they were freed in August 2022 after serving 14 years.

On January 8, the Supreme Court struck down the Gujarat government’s order granting remission to 11 convicts.
It had quashed the Gujarat government’s remission order, by which convicts were released pre-maturely, and asked them to surrender before jail authorities within two weeks.
The bench had held that the Gujarat government was not competent to pass the remission orders but the Maharashtra government.

Bilkis Bano Case: Supreme Court to Hear Petitions of Convicts Seeking More Time to Surrender

January 18, 2024, 1:13 pm

The Supreme Court has agreed to list the petitions filed by three convicts in the Bilkis Bano case who are seeking more time to surrender. This move comes in response to the earlier cancellation of the order that granted them early release, and they were directed to surrender by January 22.

In their petitions, the convicts cited various reasons such as family weddings, dependent parents, and the ongoing harvest season for requesting an extension of the surrender deadline. The three men, namely Govindbhai Nai, Ramesh Chandana, and Mitesh Bhatt, are seeking additional weeks to comply with the surrender order.

Senior lawyer V Chitambaresh sought an early hearing for the petitions, stating that the three men had only three days left before the scheduled surrender date on January 21. Justice BV Nagarathna directed the registry to seek orders from Chief Justice of India DY Chandrachud to constitute a bench with Justice Ujjal Bhuiyan to hear the petitions on Friday.

In a landmark verdict on January 8, the Supreme Court canceled the Gujarat government’s decision to grant remission to the 11 men convicted in the Bilkis Bano case. The case involves the gang-rape of Bilkis Bano and the murder of seven members of her family, including her three-year-old daughter, during the 2002 Gujarat riots. The court directed the convicts, released on Independence Day in 2022, to surrender by January 22.

Govindbhai Nai has requested an additional four weeks, citing his responsibilities as the sole caregiver for his 88-year-old bedridden father and 75-year-old mother, who are dependent on him. He also highlighted his responsibilities towards his two children and his recent surgery. Ramesh Chandana seeks time for his son’s wedding, while Mitesh Bhatt has cited the ongoing harvest season.

The Supreme Court’s decision to hear the petitions signifies a crucial legal development in the aftermath of the cancellation of the early release order for the Bilkis Bano case convicts.

Bilkis Bano case: SC strikes down Gujarat government’s remission order of 11 convicts, demands their surrender

January 8, 2024, 3:26 pm

The Gujarat government’s order to remit 11 convicts who had gangraped Bilkis Bano and killed her family members during the 2002 Godhra riots was overturned by the Supreme Court on Monday. Judges BV Nagarathna and Ujjal Bhuyan’s bench overturned the Gujarat government’s remission order, which had allowed convicts to be released early.

It asked all 11 convicts to surrender before jail authorities within two weeks.
The bench held that the Gujarat government was not competent to pass the remission orders but the Maharashtra government. It said the appropriate government to decide the remission was the state within whose territorial limits the accused are sentenced, not where the crime is committed or the accused are imprisoned.
The top court held that the judgement of May 13, 2022, by which another bench of the apex court had directed the Gujarat government to consider remission of convicts as per the 1992 policy, was obtained by “playing fraud” on the court and by suppressing material facts.

The bench declared that the Gujarat government had usurped the Maharashtra government’s authority in order to implement the May 13, 2022 ruling, which they considered to be a “nullity.” The bench stated that the convicts had not come before the court with clean hands and that the reason this court was being cheated on was because of the “suppression of facts” during the proceedings. Since the Gujarat government was not the proper government, the top court questioned why it had not submitted an application to have the May 13, 2022, order reviewed. The Supreme Court declared that this case was a classic example of how its order has been used to circumvent the law in order to grant remission.

Bilkis Bano case: Supreme Court quashes Gujarat government’s remission order

January 8, 2024, 11:31 am

The Gujarat government’s decision to give remission to 11 convicts in the case of Bilkis Bano’s gang rape and the murder of seven of her family members during the 2002 Gujarat riots was overturned by the Supreme Court on Monday. The Supreme Court ruled that “playing fraud” on the court and omitting important facts was how the May 13, 2022 ruling—which ordered the Gujarat government to consider remission of the convict—was obtained.

The convicts had not approached the court with clean hands, the apex court observed.
Noting that the state, where an offender is tried and sentenced, is competent to decide the remission plea of convicts, the apex court held that Gujarat was not competent to pass the remission orders but the Maharashtra government.
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.
The Gujarat government had released the 11 convicts, who were sentenced to life imprisonment, on August 15, 2022. 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.
Bilkis Bano and others had approached the top court, challenging the premature release of 11 convicts.

PILs were filed asking for orders to revoke the remission that had been given to eleven prisoners. The National Federation of Indian Women, whose general secretary is Annie Raja, journalist Revati Laul, professor and social activist Roop Rekha Verma, TMC MP Mahua Moitra, and member of the Communist Party of India (Marxist) Subhashini Ali filed the pleas.

Supreme Court rejects remission for all 11 convicts, all 11 convicts return to jail

January 8, 2024, 11:01 am

The Supreme Court on Monday (8 January 2023) will rule on the petitions contesting the Gujarat government’s decision to commute the sentences of eleven people found guilty of raping Bilkis Bano and killing fourteen of her family members during the 2002 communal riots. Bilkis Bano herself has filed one of these petitions.

The court of Justices B V Nagarathna and Ujjal Bhuyan heard arguments from all sides, including the ones who were found guilty, and ended the hearings in October before deferring its verdict.

Unequals cannot be treated equally, says SC while questioning Bilkis Bano rapists’ release

April 18, 2023, 6:43 pm

The Centre and the Gujarat government informed the Supreme Court on Tuesday that they may file a petition seeking a review of its 27March order requiring them to provide original files on the grant of remission to the Bilkis Bano convicts.

The paroles granted to 11 convicts during their incarceration period were questioned by a bench of Justices K M Joseph and B V Nagarathna, who said the gravity of the offence could have been considered by the state.

The bench of Justices 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 scheduled the final disposition of the batch of pleas challenging the remission of the convicts in the Bilkis Bano case for 2 May and asked all convicts who had not been served notices to file their replies.

It asked the Centre and the state to state their position on filing a review petition.

Bilkis Bano case convict shares stage with BJP MP and MLA at government event

March 27, 2023, 1:57 pm

At a government function conducted at Limkheda in the Dahod district of the state, one of the prisoners in the 2002 Bilkis Bano gangrape and murder of her family members case—freed last year under Gujarat’s remission policy—shared the stage with BJP MP Jaswant Bhabhor and his MLA brother Shailesh Bhabhor.

The inmate, Shailesh Bhatt, responded that he went there for a “puja” ceremony when questioned about whether he attended the programme on Saturday. He declined to provide further details.

Shailesh Bhabhor posted a photo of Bhatt on his Twitter account along with a statement announcing the foundation-laying ceremony for the around Rs 101.89 billion Kadana dam bulk pipeline project.

“I went there for puja,” Bhatt said.

In a picture released by the Dahod district information office, he could be seen standing next to Jaswant Bhabhor, a former minister of state for tribal affairs in the Union.

Bhatt and 10 other people were sentenced to life in prison after being found guilty by a special CBI court in Mumbai in 2008 of gang raping and killing seven members of Bilkis Bano’s family. They were doing time in the Godhra sub-jail in Gujarat’s Panchmahal district.

All 11 inmates were released on 15 August, 2022 from the sub-jail after serving a 15-year sentence, despite public protest over the Gujarat government’s decision to allow their early release under its remission programme.

Bilkis Bano case: SC to form bench to hear plea against early release of 11 convicts

March 22, 2023, 1:10 pm

The Supreme Court on Wednesday announced that it will constitute a bench to hear a petition objecting to the premature release of 11 convicts who had gang-raped Bilkis Bano and killed her family members during the 2002 Godhra riots.

A bench presided over by Chief Justice DY Chandrachud said, “I will have a bench constituted. Need to break two benches for it. Will look at it this evening.” The CJI said this after advocate Shobha Gupta, appearing for Bano, mentioned the plea seeking listing of the case and said that the matter is not getting listed.

Meanwhile, Justice Bela M. Trivedi had recused herself from hearing the case and attorney Gupta had earlier called for an urgent hearing and stated that the CJI should appoint a new bench. Earlier a bench consisting of Justices Ajay Rastogi and Bela M. Trivedi had ordered that the case will be heard by the bench in which Justice Trivedi is not a member, since she had recused herself from hearing it.

In addition to filing a petition opposing the premature release of prisoners, Bano also requested a review of an earlier decision in which it had been requested that the Gujarat government took into account a prisoner’s request for remission.

The petition for a review was denied. However, there have been some PILs filed asking for instructions to revoke the remissions given to 11 convicts.

Annie Raja, General secretary of The National Federation of Indian Women, Subhashini Ali, representative of the Communist Party of India, journalist Revati Laul, professor and social activist Roop Rekha Verma, and TMC MP Mahua Moitra filed the arguments.

Bilkis Bano Case: Justice Bela Trivedi Refrains From Hearing PILs

January 4, 2023, 4:05 pm

Justice Bela M. Trivedi, a judge on the Supreme Court, withdrew on Wednesday from hearing appeals contesting the early release of 11 convicts who had gang-raped Bilkis Bano and killed her family members during the 2002 Godhra riots.

The matter was directed to be listed before the bench, of which Justice Trivedi is not a member, by a bench consisting of Justices Ajay Rastogi and Bela M. Trivedi. Justice Rastogi stated that the court could not pass the order to link the PILs with the one filed by Bilkis Bano because Justice Trivedi had recused himself from the case.

“Since my sister (Justice Trivedi) wants to recuse, we cannot pass a tagging order. Now that the victim is here… we will take the victim’s matter as a lead matter… List before the bench wherein Justice Trivedi is not a member,” the bench said, adding that all the matters will be tagged when the bench in different combinations will sit.

Bilkis Bano case: Justice Bela Trivedi recuses from hearing plea against pre-mature release of 11 convicts

December 13, 2022, 4:13 pm

Justice Bela M Trivedi, Supreme Court judge, on Tuesday recused herself from hearing the plea filed by Bilkis Bano, challenging the pre-mature release of 11 convicts, who had gang-raped her and murdered her family members during the 2002 Godhra riots.
A bench of Justices Ajay Rastogi and Bela M Trivedi said the matter be posted before another bench. Besides filing a petition against the per-mature release of convicts, Bano has also filed a review petition seeking 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 also listed for hearing today before Justice Rastogi in his camber.

Bilkis said that even being the victim of the crime, she had no clue about any such process of remission or premature release initiated.
Gujarat’s remission order is a mechanical order of remission by completely ignoring the law requirement as consistently laid down, the plea said.
Earlier, 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.

The Gujarat government had 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.

Opposition blasts Modi govt over release of Bilkis Bano’s rapists.

October 18, 2022, 2:30 pm

The opposition has blasted Modi government after the Gujarat government revealed in front of the Supreme Court on Monday that the Union ministry of home affairs (MHA) had authorised the early release of 11 convicts who had been given life sentences in 2008 for the gang rape of Bilkis Bano and the murder of seven of her family members.

Rajya Sabha MP Kapil Sibal said he was “not surprised anymore at what this government does”.

“D Y Chandrachud. Next CJI. Not surprised any more at what this government does: Granting remission to rapist-murderers. Not surprised any more by what the court does: Stays acquittal in a special hearing on a Saturday. Will there be a new dawn when Chandrachud J takes over?” Sibal tweeted.

According to the affidavit submitted by the state government on Monday, remission was granted in August despite protests from the judge of the trial court who found the 11 men accused and the Central Bureau of Investigation (CBI), which had investigated and brought the case to Mumbai after the Gujarat trial was ordered to be moved outside of Gujarat in 2004. However, the remission order was not given till August 10, after the MHA and the pertinent Gujarat government officials, including the jail advisory council, cleared the way for the release of the 11 rapists.

“SP, CBI Special Crime Branch said no. Special Civil Judge, CBI said no. City Civil&Sessions Court of Mumbai said no. But Gujarat Govt & Union Home Ministry said yes to release the rapists of Bilkis Bano. Shame would be too mild a word to condemn this sickness,” Shiv Sena MP Priyanka Chaturvedi reacted on Twitter.

Shama Mohamed, the national spokeswoman for the Congress, challenges the administration on this matter.

“Gujarat govt’s affidavit shows that SP, CBI, SCB & Special Judge(CBI), Mumbai opposed the remission of #BilkisBano case convicts’ sentence. It was only the BJP govt which pushed for their early release. @narendramodi & @AmitShah will have to answer to the women of India!” Mohamed wrote in a tweet.

When Bano was gangraped while trying to escape the bloodshed during the Gujarat riots in 2002, she was 21 years old, five months pregnant, and one of the seven fatalities was her three-year-old daughter. Bano issued a statement via her attorney in which she said that the most recent event had caused her to lose faith in the administration of justice. She pleaded for the Gujarati government to “undo this harm” and give her back the “right to live without fear and in peace”.