Bilkis Bano Case: SC Verdict On Pleas Against Remission On Monday

On March 3, 2002, Bilkis Bano's family was attacked by a mob at Randhikpur village in Limkheda taluka of Dahod district during the post-Godhra riots. Bilkis, who was five months pregnant at that time, was gang-raped and seven members of her family were killed

On Monday, the Supreme Court is scheduled to pronounce its verdict on the petitions challenging the remission granted to 11 convicts in the case of gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 Gujarat riots.

On October 12, 2023, a bench of Justices B.V. Nagarathna and Ujjal Bhuyan had reserved its verdict after an 11-day hearing on the petitions, including the one filed by Bano.

The apex court — while reserving its judgement — had directed the Centre and the Gujarat government to submit by October 16 the original records related to the remission of sentence of the 11 convicts.

In September 2023, while hearing the matter, the top court had asked whether convicts have a fundamental right to seek remission.

During the earlier arguments, the Supreme Court had observed that state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.

Apart from the petition filed by Bano, in which she contests the remission granted to the convicts by the Gujarat government, several other PILs have challenged the relief. Among these are one filed by CPI (M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma.

Mahua Moitra, the TMC leader, has also filed a PIL against the remission and their premature release.

In two separate petitions, Bilkis Bano has challenged the premature release of the convicts by the Gujarat government, saying it has “shaken the conscience of society”.

In a statement, she said, “The decision to once again stand up and knock on the doors of justice was not easy for me. For a long time, after the men who destroyed my entire family and my life were released, I was simply numb. I was paralysed with shock and with fear for my children, my daughters, and above all, paralysed by loss of hope.”

She added, “But, the spaces of my silence were filled with other voices; voices of support from different parts of the country that have given me hope in the face of unimaginable despair; and made me feel less alone in my pain. I cannot express in words what this support has meant to me.”

Bano said the support to her cause from different parts of the country has helped her in rekindling her faith in humanity and renewed her courage to believe again in the idea of justice.

“So, I will stand and fight again, against what is wrong and for what is right. I do this today for myself, for my children, and for women everywhere”, she said.

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.

However, the 11 men convicted in the case walked out of the Godhra sub-jail on August 15, 2022, after the Gujarat government allowed their release under its remission policy.