Bilkis Bano case: India SC cancels Gujarat government's order to release 11 convicts who raped her

The Indian Supreme Court on Monday (Jan 8) in its verdict cancelled Gujarat's government order allowing the early release of Bilkis Bano's rapists last year. The court also saidBano's petition challenging the remission order is entirely valid and maintainable.

Justice BV Nagarathna, alongside Ujjal Bhuyan, delivered the verdict and came down heavilyon the state government saying it could not have passed the remission order.

"It is not the government of state within whose territory the offence occurred who can pass remission order. Thus, orders of remission have to be quashed," said Justice Nagarathna.

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"We strike down the remission orders on ground of usurpation of powers by the Gujarat government," he added.

The court has directed all 11 convicts to report to jail authorities within two weeks.

The court made it clearit was the state of Maharashtra that could have only passed the remission orders as the offenders were sentenced there.

The court minced no words in stating that the state of Gujarat suppressed facts and kept the SC in the dark, referring to the May 13, 2022 judgment (which directed the Gujarat government to consider remission of convicts).

"Gujarat was complicit and acted in tandem with Respondent No. 3 (convict) in this case. This Court was misled by suppressing facts. Use of power by Gujarat was only a usurpation of power by the State," said JusticeNagarathna.

"Taking advantage of May 13 order of this Court... Other convicts also filed remission applications and this Gujarat government passed remission orders."

Who is Bilkis Bano?

Bilkis Bano was one of the numerousresidents of Gujarat who was attempting to flee the state during the 2002 Gujarat riots. She was only 21 years old and five months pregnant when she was gang-raped while attempting to escape from her village.

She was five months pregnant at the time andwas hiding in a field with several other family members and her three-year-old daughter on March 3 when they were attacked by a mob of 20-30 men with sickles, swords, and clubs. Fourteen members of her family died in the attack, including her baby.

Due to the awful nature of the crimeand the indignation that ensued, the Supreme Court ordered a CBI investigation, and 11 of Bilkis Bano's assailants were convicted and sentenced to life imprisonment for the heinous act.

However, on Independence Day (August 15) in 2022, the Gujarat government, under its remission programme, released the 11 rapists.

These inmates had served more than 15 years in prison when one of them petitioned the Supreme Court for their early release. Sujal Mayatra, the collector of Panchmahals, presided over the panel that investigated the inmates' premature release.

The convicts were given a hero's welcome upon their release while several were seen posing with big political leaders of the state. Consequently, their release triggered a wave of condemnation from the opposition, activists as well as the civil society.

(With inputs from agencies)