Bilkis bano Archives - Lokmarg

Bilkis Bano Case: 3 Convicts Move SC For Extension Of Time To Surrender

By LokMarg 18th January 2024

Three of the 11 convicts in the Bilkis Bano case have approached the Supreme Court, seeking an extension of time to surrender before the jail authorities.

Senior Advocate V Chitambaresh, appearing for the three convicts, mentioned the matter before a bench headed by Justice BV Nagarathna, seeking urgent listing of the case, saying the time of surrender is expiring on January 21.

Justice Nagarathna said that the bench that passed the judgement in the Bilkis Bano case, comprising herself and Justice Ujjal Bhuyan, has to hear the applications.

The apex court then directed its Registry to seek orders from the Chief Justice of India for the constitution of the bench and listing of the case on Friday.

Another counsel told the bench that another convict would also file applications during the day.

The applications have been filed by three convicts–Govindbhai Nai, Mitesh Chimanlal Bhatt, and Ramesh Rupabhai Chandana–who, among others, were granted remission by the Gujarat government in the gangrape of Bilkis Bano and the murder of her family members during the 2002 Godhra riots.

They were sentenced to life imprisonment but released in August 2022 after serving 14 years of sentence.

Govindbhai has sought an extension of time by four weeks to surrender, citing health issues and the fact that he is the only caretaker of his elderly parents.

Ramesh Rupabhai Chandana sought an extension of six weeks, citing health issues, harvesting of crops and his son’s marriage.

Mitesh Chimanlal Bhatt, 62, says he is an old senior citizen, has undergone eye surgery for a cataract and sought six weeks to surrender due to the impending harvest of crops.

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.

It 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 the convict as per the 1992 policy, was obtained by “playing fraud” on the court and by suppressing material facts.

The convicts had not approached the court with clean hands, said the bench, adding that proceedings before this court were due to “suppression of facts” and that is why it is fraud played on this court.

The judgement of the top court had come on a petition filed by Bilkis Bano and others challenging the premature release of 11 convicts.

Earlier, the Gujarat government, in its affidavit, defended the remission granted to convicts, saying they had completed a 14-year sentence in prison and their “behaviour was found to be good.”

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. (ANI)

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Bilkis Bano Case: SC Asks 11 Convicts To Surrender

By LokMarg 8th January 2024

The Supreme Court on Monday struck down the Gujarat government’s order granting remission to 11 convicts who had gangraped Bilkis Bano and murdered her family members during the 2002 Godhra riots.

A bench of Justices BV Nagarathna and Ujjal Bhuyan quashed the Gujarat government’s remission order by which convicts were released pre-maturely.

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 Gujarat government usurped the powers of the Maharashtra government acting in furtherance of the judgement dated May 13, 2022, which, in our opinion, is a “nullity,” said the bench.

The convicts had not approached the court with clean hands, said the bench, adding that proceedings before this court were due to “suppression of facts,” and that is why it is fraud played on this court.

The apex court questioned why the Gujarat government had not filed any application seeking a review of the May 13, 2022, order, as it was not the appropriate government.

It was a classic case where the order of the Supreme Court has been used for violating the rule of law for passing orders for remission, the top court said.

The exercise of power by the State of Gujarat is an instance of “usurpation and abuse of power,” said the bench while reprimanding the State government for not filing a petition to review the convicts’ release.

“The exercise of power by the State of Gujarat is an instance of usurpation of power and abuse of power. This is a classic case where the order of this court was used to violate the rule of law by granting remission. On that ground also, the remission orders deserve to be quashed,” it said.

The judgement of the top court came on a petition filed by Bilkis Bano and others challenging the pre-mature release of 11 convicts.

Pronouncing the verdict, the bench said, “We hold that writ proceeding before this court was due to suppression of facts and that is why it is fraud played on this court…”

Earlier, the Gujarat government, in its affidavit had defended the remission granted to convicts, saying they had completed a 14-year 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 government also approved the release of convicts.

It is pertinent to note that the remission was not granted under the circular governing the grant of remission to prisoners as part of the celebration of “Azadi Ka Amrit Mahotsav.”

The pleas filed before the top court had 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 had released the 11 convicts, who were sentenced to life imprisonment, on August 15, 2022. All 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.

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Horrendous: SC Expresses Outrage Over Bilkis Bano Case

By LokMarg 18th April 2023

The Supreme Court on Tuesday said that “unequal can’t be treated equally” while stating that the plight of Bilkis Bano, who was gang-raped and her family members were murdered during the 2002 Godhra riots, can’t be compared to the murder of a single person.

A bench of Justices KM Joseph and BV Nagarathna observed that the way the offense was committed is “horrendous”.

“Crimes are generally committed against society and the community. So when you give remission… You cannot compare the victim’s plight with standard 302 (murder) cases. Unequals cannot be treated equally,” Justice Joseph said.

“See, more than 1100 days of parole… 1200 days, virtually three years..1000 days….1400 days… 1500 days on parole? Is that even available to an ordinary citizen? What policy have you been following?” the bench said while reading the details of parole granted to the convicts.

Senior advocate Sidharth Luthra, appearing for one of the convicts, contended, “One is normal parole for a month. Other is this court said that during Covid parole must be granted.”

Just because it is gruesome crime convicts should spend more time is contrary to the law, Luthra added.

Inquiring from the Gujarat government about the reasons behind its decision to allow premature release of 11 life convicts in the Bilkis Bano case, the bench said when remission is considered in such heinous crimes affecting the society at large, the power must be exercised keeping in mind public interest.

Just because the Central government concurred with the state does not mean state is not required to apply its mind, the apex court told Additional Solicitor General SV Raju appearing for Gujarat government.

“The question is whether government applied its mind, what material formed the basis of its decision, etc. Law is clear. Just because Union has approved does not mean state not required to apply mind. What material formed the basis of this decision? They were released by executive order… Today it is this lady (Bilkis). Tomorrow, it can be you or me. There must be objective standards… If you don’t give us reason, we will draw our own conclusions,” the bench observed.

The observation of the bench came after ASG Raju claimed privilege over the files relating to the grant of remission to the convicts and said governments are likely to seek review of the March 27 order whereby original files of the remission were sought.

“We are claiming privilege, those are my instructions. We may file review also,” ASG told the court.

The apex court was hearing pleas filed by Bilkis Bano and other challenging the pre-mature release of 11 convicts.

The bench has now posted the matter for final disposal on May 2 and granted time till May 1 to the governments to decide if they wish to file review.

Besides filing petition against per-mature release of convicts, Bano had also filed review petition seeking review of its earlier order by which it had asked the Gujarat government to consider the plea for remission of one of the convicts.

The review petition was dismissed.

Some PILs were filed seeking directions to revoke the remission granted 11 convicts.

The pleas were filed by 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 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 Central government 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 celebration of “Azadi Ka Amrit Mahotsav”, it had said.

The affidavit had 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 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. (ANI)

SC Assures Bilkis Bano Of Early Hearing

By LokMarg 7th February 2023

The Supreme Court on Tuesday assured Bilkis Bano, who challenged the pre-mature release of 11 convicts for gang-raping her and murdering her family members during the 2002 Godhra riots, that her plea against the remission granted to 11 convicts will be heard soon.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala will constitute a bench soon for Bano’s plea.
Advocate Shobha Gupta, appearing for Bano, 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.

“I will do so at the earliest. The matter will be listed soon,” said the CJI.

Earlier, a bench of Justices Ajay Rastogi and Bela M Trivedi ordered that matter be listed before the bench which Justice Trivedi is not a part of as she had recused herself from hearing the case.

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 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 ore-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 has 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 accused in a set of heinous offenses committed in Gujarat were allowed to walk free on August 15, 2022, pursuant to remission being extended to them.

The Gujarat government released the 11 convicts 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.