"Abuse of power by Gujarat": Bilkis Bano's rapists to return to jail

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Bilkis Bano, who was gang-raped and saw 14 members of her family being murdered by a Hindu mob during the 2002 anti-Muslim riots in the western Indian state of Gujarat, is back in the headlines.

On Monday, 11 convicts who were serving life sentences for rape and murder in the case, walked out of prison to a heroes' welcome.

A video that has since gone viral showed the men lined up outside the Godhra jail while relatives gave them sweets and touched their feet to show respect.

The decision to free the convicts was announced by the Gujarat government on Monday, as India celebrated its 75th anniversary of independence.

The move by the state government - the Hindu nationalist Bharatiya Janata Party (BJP) is in power in both Gujarat and nationally - has been criticised by opposition parties, activists and several journalists, who say that it goes against the rights of minority Muslims. Attacks on the community have risen sharply since the BJP formed the federal government in 2014.

A senior official said a government panel had approved the convicts' application for remission as they had spent 14 years in jail, as well as other factors including their age and behaviour in prison. The men, who were first convicted by a trial court in 2008, have spent 15 years in prison.

But many have pointed out that the release was in contravention of guidelines issued by both the federal government and the Gujarat state government - both say that rape and murder convicts cannot be granted remission. Life terms in these crimes are usually served until death in India.

The biggest setback, predictably, has been for Bilkis Bano and her family.

"For several minutes late on Monday evening, Bilkis Bano could not believe that the convicts had walked free - she first broke into tears and then went silent," her husband Yakub Rasool told The Indian Express. "We have been left numb, shocked and shaken," he added.

The newspaper said that when they contacted Bilkis Bano on Tuesday, she said: "Please leave me alone… I have offered duas [prayers] for the soul of my daughter Saleha [the three-year-old was among the murdered]".

The anger and despondence of the family is easy to understand considering the magnitude of the crime and the protracted battle they had to fight for justice.

The attack on Bilkis Bano and her family was one of the most horrific crimes during the riots, which began after 60 Hindu pilgrims died in a fire on a passenger train in Godhra town.

Blaming Muslims for starting the fire, Hindu mobs went on a rampage, attacking Muslim neighbourhoods. Over three days, more than 1,000 people died, most of them Muslims.

Narendra Modi, who was then Gujarat chief minister, was criticised for not doing enough to prevent the carnage. He has always denied wrongdoing and has not apologised for the riots.

In 2013, a Supreme Court panel also said that there was insufficient evidence to prosecute him. But critics have continued to blame him for the riots happening on his watch.

Over the years, the courts have convicted dozens of people for involvement in the riots, but some high-profile accused got bail or were exonerated by higher courts.

This included Maya Kodnani, an ex-minister and aide to Mr Modi, whom a trial court had called "the kingpin of the riots".

And now the men who wronged Bilkis Bano have also been set free.

I met Bilkis Bano in May 2017 at a safe house in Delhi, just days after the Bombay High Court had confirmed the life sentences of the 11 convicted in her case.

Fighting back tears, she recounted the horrors of the attack.

The morning after the train fire, Bilkis Bano - then 19 and pregnant with her second child - was visiting her parents in a village called Randhikpur near Godhra with her three-year-old daughter.

"I was in the kitchen making lunch, when my aunt and her children came running. They said their homes were being set on fire and we had to leave immediately," she told me. "We left with just the clothes we were wearing, we didn't even have the time to put on our slippers."

Bilkis Bano was in a group of 17 Muslims that included her daughter, her mother, a pregnant cousin, her younger siblings, nieces and nephews, and two adult men.

Over the next few days, they travelled from village to village, seeking shelter in mosques or subsisting on the kindness of Hindu neighbours.

On the morning of 3 March, as they set out to go to a nearby village where they believed they would be safer, a group of men stopped them.

"They attacked us with swords and sticks. One of them snatched my daughter from my lap and threw her on the ground, bashing her head into a rock."

Her attackers were her neighbours in the village, men she had seen almost daily while growing up. They tore off her clothes and several of them raped her, ignoring her pleas for mercy.

Her cousin, who had delivered a baby two days earlier while they were on the run, was raped and murdered and her newborn was killed.

Bilkis Bano survived because she lost consciousness and her attackers left, believing she was dead. Two boys - seven and four - were the only other survivors of the massacre.


Bilkis Bano's fight for justice was long and nightmarish. It has been well documented that some police and state officials tried to intimidate her, evidence was destroyed and the dead were buried without post-mortems. The doctors who examined her said she hadn't been raped, and she received death threats.

The first arrests in the case were made only in 2004 after India's Supreme Court handed over the case to federal investigators. The top court also agreed that courts in Gujarat could not deliver her justice and transferred her case to Mumbai.

Her fight for justice was also disruptive for her family - they've had to move home nearly a dozen times.

"We still can't go home because we're afraid. Police and the state administration have always helped our attackers. When we are in Gujarat, we still cover our faces, we never give out our address," her husband had told me.

During trial, there were calls for the death penalty for Bilkis Bano's attackers, including from herself.

But after the high court in Mumbai sentenced them to life, she told me she was "not interested in revenge" and "just want them to understand what they've done".

"I hope they will one day realise the enormity of their crime, how they killed small children and raped women."

But, she added, she wanted them "to spend their entire lives in jail".

On Tuesday, Mr Rasool told the Indian Express that his wife was "distressed and melancholic".

"The battle we fought for so many years has been wrapped up in one moment," he said.

"We have not even had the time to process this news and we know that the convicts have already reached their homes."



https://www.bbc.co.uk/news/world-asia-india-62574247

Unbelievable.

This is India's own citizen. Absolutely shocking stuff.
 
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Damn!

This is beyond disgusting. I guess this is becoming more and more common in BJP's India.
 
In his independence speech from the ramparts of red fort, feku says,

Respect for women is an important pillar for India's growth. We need to support our "Nari Shakti". Our "Nari Shakti" is being represented in all sectors. The more opportunities we give to our daughters, the more they will take us forward.

And then a few hours later, 11 rapists of Bilkis Bano are released by his regime.

Well done, feku. Proves for the umpteenth time he is a real feku.

Where are clowns who were going gaga over this hollow monologue?
 
What is even sadder is the perpetrators of this terrible crime are being offered sweets and all other savouries. Got to feel for any lady who has been violated like that then made to feel even worse when her attackers are treated like heroes. Modi won't be showing his red eyes or big chest to these rapists.
 
In his independence speech from the ramparts of red fort, feku says,

Respect for women is an important pillar for India's growth. We need to support our "Nari Shakti". Our "Nari Shakti" is being represented in all sectors. The more opportunities we give to our daughters, the more they will take us forward.

And then a few hours later, 11 rapists of Bilkis Bano are released by his regime.

Well done, feku. Proves for the umpteenth time he is a real feku.

Where are clowns who were going gaga over this hollow monologue?

Lol, you really hate Modi.

Its a country of 1.4 billion, he can't look after each incident.
 
In Godhra, Bilkis Bano convicts felicitated by RSS member soon after their release

Their next stop was the auditorium of the Deen Dayal Upadhyay Trust, named after the first president of the Bharatiya Jana Sangh, the precursor to India’s ruling Bharatiya Janata Party, which is also in government in Gujarat. According to the employees of the trust, the event had been organised by Arvind Sisodia, who is seen in pictures garlanding Shah and the others.

https://scroll.in/article/1030686/i...itated-by-rss-member-soon-after-their-release
 
New Delhi: Bilkis Bano, the survivor of one of the most horrific rape cases during the 2002 Gujarat riots, has said the release of the 11 rapists has "shaken" her faith in justice. Her first statement since the release two days ago, hinted at a sense of deep hurt and betrayal. It has left her "numb" and "bereft of words", she said.

"How can justice for any woman end like this? I trusted the highest courts in our land. I trusted the system, and I was learning slowly to live with my trauma... My sorrow and my wavering faith is not for myself alone but for every woman who is struggling for justice in courts," said the woman, whose fight for justice went on for 18 long years.

The short statement also hinted at shock at the Gujarat government's move to release the convicts without any consultation with her. "No one enquired about my safety and well-being, before taking such a big and unjust decision," she said.

There was also a request for the Gujarat government. "Give me back my right to live without fear and in peace. Please ensure that my family and I are kept safe," the statement read.

175vi9nc_bilkis-bano-statement_625x300_17_August_22.jpg


Safety has been a big concern for the woman since the rapists were released, her lawyer Shobha Gupta had told NDTV. Till the men were jailed, she had spent years in hiding, constantly shifting home. After the release, she has been too shell-shocked to consider the next steps, to take thought of safety or any legal step.

Bilkis Bano was 21 when she saw seven members of her family murdered. Among them was her daughter, who was just three years old. Seven other relatives, who she says were also killed, were declared "missing". The woman, five months' pregnant, was then gang-raped.

A special Central Bureau of Investigation (CBI) court in Mumbai on January 21, 2008, had sentenced the 11 to life imprisonment on charges of gang rape and murder of seven members of Bilkis Bano's family during the 2002 Gujarat riots. Their conviction was later upheld by the Bombay High Court.

The rapists walked free as the nation celebrated 75 years of Independence on Monday and were greeted with sweets, hugs and garlands by groups linked to the ruling BJP.

Opposition parties have strongly hit out at Prime Minister Narendra Modi over the move, which came within hours of his praise for "Nari Shakti" in his Independence Day speech and said this is the "real face" of New India under the BJP.

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The Gujarat government has defended its decision to release the 11 men, saying it considered the release plea as per a 1992 policy, as directed by the Supreme Court, because that was in effect at the time of the conviction in 2008.

A later policy (2014) of the state, and another recent one by the centre - both governments run by the BJP - say convicts in such heinous crimes should not be released. "But the 1992 policy, which applied here, did not have such an exception," Gujarat Home Secretary Raj Kumar has said, citing a technicality.

https://www.ndtv.com/india-news/giv...without-fear-and-in-peace-bilkis-bano-3263474
 
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Pathetic really. Pretty shameful and those guys must be behind bars. Really hope some politician in power has shame and rights this wrong decision.
 
Those who are unaware of this case as this shameful incident happened 2 decades back, here is a summary.



On 28 February 2002, Bilkis Bano and members of her family were trying to flee their homes to escape the threat of communal violence when they were attacked by a mob near Radhikpur village, not far from Ahmedabad. The mob killed around 14 people including Bilkis’s three-year-old daughter whose head was smashed with a rock.

Bilkis was visibly pregnant — five months — but that did not deter the mob. She was gang raped and violently assaulted. Her attackers left her naked and bleeding thinking she was dead. But she was alive.
 
Shameful decision by state government of Gujarat. They had power to not to grant remission but I guess it was wish of their masters which must have to be fulfilled that too in independence week.

The decision Makes mockery of bilkis's fight for justice.

What they are saying is 14/15 years jail time is enough to grant remission even if your crime is gang rape+murder.
 
Don't forget Gujarat assembly elections are slated to be held later this year. So what better way to polarize the electorate than to release these barbarians and further consolidate hindu vote bank like sanghis do before every elections.

I also loathe those so-called hindus who vote for these pests under influence of decisions like this one.
 
Will SC take Suo Moto notice of this incident and do justice?
 
Some really depressing news. Does she still love in Gujarat? They should get out of there pronto.
 
Lol, you really hate Modi.

Its a country of 1.4 billion, he can't look after each incident.

Poor statement.

No one looks after each, this is why there are laws in place that is required to protect people.
 
The 11 men convicted for the rape of Bilkis Bano and released by the Gujarat government after 15-odd years in jail, were "Brahmins" and had "good sanskaar", the BJP's sitting MLA from Godhra has said. Amid the countrywide outrage over the men's release, CK Raulji has backed the men, who were feted with sweets and garlands after their release.

CK Raulji was one of the two BJP leaders who were part of the Gujarat government panel that unanimously decided to release the rapists. The decision was taken after one of the convicts approached the Supreme Court seeking remission and the matter was passed onto the state government.

"I don't know whether they committed any crime or not. But there has to be intention of committing crime," CK Raulji is heard telling the reporter from Mojo Story.

"They were Brahmins and Brahmins are known to have good sanskaar. It might have been someone's ill intention to corner and punish them," added he MLA in the interview, which is circulating widely on social media. The convicts, he added, had good conduct while in jail.

The rapists walked free on Independence Day, hours after Prime Minister Narendra Modi spoke of women's empowerment from the ramparts of the Red Fort. Shortly after, videos showing their warm welcome by some right-wing groups emerged.

In face of the barrage of criticism, the Gujarat government has defended its decision, saying it considered the release plea as per a 1992 policy, as directed by the Supreme Court, because that was in effect at the time of the conviction in 2008.

The move -- made in contravention with the current rules which bars remission for convicts of rape and murder -- has appalled many. The opposition parties have been vocal against it.

Y Satish Reddy, the social media convenor of Telangana's ruling Telangana Rashtra Samithi had tweeted the video clip,

"They are Brahmins, Men of Good Sanskaar. Their conduct in jail was good": BJP MLA #CKRaulji BJP now terms rapists as 'Men of Good Sanskar'. This is the lowest a party can ever stoop!" his tweet read.

"They are Brahmins, Men of Good Sanskaar. Their conduct in jail was good": BJP MLA #CKRaulji

Earlier, Congress's Rahul Gandhi has tweeted saying the release displays the BJP's mindset towards women.

"Unnao - worked to save BJP MLA. Kathua - rally in favour of rapists. Hathras - the government in favour of rapists. Gujarat - the release and honour of rapists. The support to criminals displays the petty mindset of the BJP towards women. Are you not ashamed of such politics, Prime Minister ji," his tweet read.

Trinamool Congress's Mahua Moitra tweeted that the nation "had better decide whether Bilkis Bano is a woman or a Muslim".

Senior Congress leader P Chidambaram tweeted that along with CK Raulji and Suman Chauhan, "Another member (of the panel reviewing the remission appeal) was Shri Murli Mulchandani who was a key witness for the prosecution in the Godhra Train burning case!"

NDTV
 
This is truly disgusting from the govt and just reinforces everything that is wrong with the current regime
 
Bilkis Bano's Rapists Are "Brahmins, Have Good Sanskar": BJP MLA

New Delhi: The 11 men convicted for the rape of Bilkis Bano and released by the Gujarat government after 15-odd years in jail, were "Brahmins" and had "good sanskaar", the BJP's sitting MLA from Godhra has said. Amid the countrywide outrage over the men's release, CK Raulji has backed the men, who were feted with sweets and garlands after their release.

CK Raulji was one of the two BJP leaders who were part of the Gujarat government panel that unanimously decided to release the rapists. The decision was taken after one of the convicts approached the Supreme Court seeking remission and the matter was passed onto the state government.

"I don't know whether they committed any crime or not. But there has to be intention of committing crime," CK Raulji is heard telling the reporter from Mojo Story.

"They were Brahmins and Brahmins are known to have good sanskaar. It might have been someone's ill intention to corner and punish them," added he MLA in the interview, which is circulating widely on social media. The convicts, he added, had good conduct while in jail.

https://www.ndtv.com/india-news/bil...kar-bjp-mla-3266193#pfrom=home-ndtv_topscroll
 
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More garbage from sanghis. Has this been said by any opposition neta, likes of Smriti would've crucified him. But she is silent, despite being a lady herself.

Wonder why!
 
So as per sanghis, these rapists have good upbringing since they're brahmins.

Well done!
 
BJP trying hard to get the hardline Hindu vote bank back after they threw Nupur Sharma under the bus.

Many RSS/VHP supporters were disappointed with Modi Government in Nupur Sharma case. Now with this release of Bilkis case rapists, they have got the vote bank back.
 
RSS say the Hindu's are never terrorists. So it seems it is okay for them to be rapists:virat1
 
Im surprised our indian fellows havnt commented yet

Yeah the Hindu's are never terrorists as we saw in operation bluestar, Gujarat, Babri, Samjhauta Express and never ending Hindu-Muslim fighting even on their TV channels. Hindu are never terrorists as we see in the likes of Adityanath's comments calling for violence or many of them demanding the genocide of Muslim's in conclaves. When all this is on video the Hindu's here understandably have nothing to say.
 
Yeah the Hindu's are never terrorists as we saw in operation bluestar, Gujarat, Babri, Samjhauta Express and never ending Hindu-Muslim fighting even on their TV channels. Hindu are never terrorists as we see in the likes of Adityanath's comments calling for violence or many of them demanding the genocide of Muslim's in conclaves. When all this is on video the Hindu's here understandably have nothing to say.

Blue star is not a Hindu operation. It was political.

You are right that Godhra riots, Babri Riots had RSS and VHP hand in it. Both Hindus and Muslims got killed. More Muslims got killed than Hindus.

I would say some Hindus have become more Kattar since 90's. Street power has drastically changed in the past 2 decades.
 
Blue star is not a Hindu operation. It was political.

You are right that Godhra riots, Babri Riots had RSS and VHP hand in it. Both Hindus and Muslims got killed. More Muslims got killed than Hindus.

I would say some Hindus have become more Kattar since 90's. Street power has drastically changed in the past 2 decades.

By a majority Hindu army who was told by devout Hindu PM Indira Gandhi to murder and rape innocent Sikhs. Non some Hindu's but hundred's of millions including your PM encourage violence against Muslim's. Hindu's killed more Muslim's not the other way round.
 
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Amid the countrywide outrage over the men's release, CK Raulji has backed the men, who were feted with sweets and garlands after their release.

Dear me. What has India become!

Shameful stuff.

Have they been released early?
 
India's Supreme Court will hold a hearing on a petition challenging the release last week of 11 Hindu men convicted of the gang rape of a pregnant Muslim woman during Hindu-Muslim riots in 2002 in the western state of Gujarat.

Dozens of women in Mumbai protested on Tuesday against their release and carried placards demanding justice for the victim, who said last week she had not been told the men would be freed and that it had shaken her faith in justice.

Her three-year-old daughter was among those killed during one of India's worst religious riots. More than 1,000 people died during the violence, most of them Muslims.

The petition has been brought by a group of women including Subhashini Ali, a politician and member of the Communist Party of India; Revati Laul, an independent journalist; and Mahua Moitra, a member of parliament from the opposition Trinamool Congress Party, attorney Kapil Sibal said.

Sibal told Reuters the court had agreed to hear their Public Interest Litigation petition demanding the men serve their full life sentences. No date has yet been set for the hearing.

Critics contend that freeing the convicts contradicts the government's stated policy of supporting women in a country with numerous, well-documented instances of violence against them.

Authorities in the Panchmahals district of Gujarat released the men last Monday after considering the time they had served after their conviction in 2008 and their behaviour while jailed.

A senior Gujarat state official overseeing the release said the convicts had completed 14 years in jail and were allowed free after the Supreme Court directed authorities to consider their plea for leniency under a 1992 remission policy.

The months-long riots were triggered after a train carrying Hindu pilgrims caught fire. Hindus accused Muslims of setting the fire in which 59 pilgrims died, but Muslims said the train attack was part of a conspiracy to target their community. Several Muslims were convicted for the attack on the train.

Current Indian Prime Minister Narendra Modi was Gujarat's chief minister at the time of the riots and his Hindu nationalist Bharatiya Janata Party continues to rule the state.

Express Tribune
 
Bilkis Bano Case: Supreme Court Notice To Gujarat Over Convicts' Release
The convicts were released by the Gujarat government on Independence Day under an outdated remission policy, which turned into a huge political controversy.

New Delhi: The Supreme Court on Thursday sought the Gujarat government's response on a plea challenging the release of 11 men convicted for the gangrape of Bilkis Bano during the 2002 Gujarat riots.
The bench headed by Chief Justice N V Ramana also asked the petitioners to implead those who have been granted remission as parties in the matter. The bench also posted the matter for hearing after two weeks.

Three Public Interest Litigations - by Communist Party of India (Marxist) Politburo Member Subhashini Ali, Trinamool Congress MP Mahua Moitra, and one other petitioner - have been filed in the Supreme Court challenging the remission and consequent release of 11 convicts on Independence Day.

The incident turned into a huge political controversy with the special court judge who convicted the men also raising questions about the Gujarat government's decision.

"Did they ask the judge under whom the case was heard? I can tell you that I heard nothing regarding this... In such cases, the state government needs to take advice from the central government as well. Did they do that? I have no idea. If they did, what did the central government say," Justice UD Salvi, who retired as a judge of the Bombay High Court, said in an exclusive interview to NDTV.

"I don't know if they went through the procedure or not," he had added.

The convicts 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.

The convicts were welcomed by groups linked to the ruling BJP - with sweets, hugs and garlands. A BJP MLA was quoted as saying that the men were Brahmins with "good sanskar" (culture).

Days after the convicts' release, Bilkis Bano said it has "shaken" her faith in the justice system and left her "shocked" and "numb". The family has been too distraught to decide on any legal step.

Bilkis Bano was 21 years old and five months pregnant when she was gangraped while fleeing the violence that broke out after the Godhra train burning. Among those killed was her three-year-old daughter.

NDTV
 
New Delhi: More than 130 former civil servants on Saturday wrote an open letter to the Chief Justice of India (CJI) against the premature release of 11 men who were jailed in the gangrape case of Bilkis Bano and requested him to rectify this "horrendously wrong decision".

They asked the CJI to rescind the order of remission passed by the Gujarat government and send the 11 persons convicted of gangrape and murder back to jail to serve out their life sentence.

"Like the overwhelming majority of people in our country, we are aghast at what happened in Gujarat a few days ago, on the 75th anniversary of India's Independence,” it said.

Former Lieutenant Governor of Delhi Najeeb Jung, former Cabinet Secretary K M Chandrasekhar, former foreign secretaries Shivshankar Menon and Sujatha Singh and former Home Secretary GK Pillai were among the 134 signatories to the letter, written under the aegis of the Constitutional Conduct Group.

Justice Uday Umesh Lalit was sworn in as the 49th Chief Justice of India on Saturday.

On August 25, the Supreme Court issued notice to the Centre and the Gujarat government on a plea challenging the release of the 11 convicts and posted the matter for hearing after two weeks.

The former civil servants said the release of the convicts has "outraged the nation".

"We write to you because we are deeply distressed by this decision of the government of Gujarat and because we believe that it is only the Supreme Court which has the prime jurisdiction, and hence the responsibility, to rectify this horrendously wrong decision," the letter read.

Bilkis Bano was 21 years old and five months pregnant when she was gangraped while fleeing the riots that broke out after the Godhra train burning in 2002. Her three-year-old daughter was among the seven killed.

In January 2008, a special CBI court in Mumbai sentenced the 11 to life imprisonment on charges of gangrape and murder of seven members of Bilkis Bano's family. Their conviction was later upheld by the Bombay High Court and the Supreme Court.

The former civil servants wrote, "The case was a rare one because not only were the rapists and murderers punished, but so, too, were the policemen and doctors who tried to tamper with and erase the evidence to protect the accused and cover up the crime." After serving 15 years in jail, one of the accused, Radheshyam Shah, approached the Supreme Court with a plea for his premature release, the letter said.

The Gujarat High Court which had earlier been approached for this purpose had dismissed his plea while observing that the "appropriate government" to decide the case was that of Maharashtra and not Gujarat, it said.

Radheshyam Shah then filed a plea in the Supreme Court.

The Supreme Court, on Radheshyam Shah's plea, also directed that the application for premature release be considered by the Gujarat government within two months, and in terms of its policy dated 9 July 1992, it said.

"We are puzzled about why the Supreme Court saw the matter as so urgent that a decision had to be taken within two months, as also by the Supreme Court ordering that the case should be examined as per Gujarat's 1992 remission policy and not its current one,” the letter said.

"In view of these glaring deviations from established law, departure from government policy and propriety, and the chilling impact that this release will have, not just on Bilkis Bano and her family and supporters, but also on the safety of all women in India, especially those who belong to minority and vulnerable communities, we urge you to rescind the order of remission passed by the Gujarat government and send the 11 persons convicted of gangrape and murder back to jail to serve out their life sentence,” they wrote.

NDTV
 
Protests have been held across India against the government's decision to free 11 men who were jailed for life for the gang rape of a Muslim woman, Bilkis Bano.

Fourteen members of her family were also killed during the religious riots in Gujarat state in 2002.

The men were released after serving 15 years in prison.

Men and women shouted slogans urging the government to reverse the decision to release the rapists.

Indian film star and women's rights campaigner Shabana Azmi told told AFP news agency in the capital Delhi: "What happened with Bilkis Bano, what happened to her family, we cannot stand and watch this happen to our country. That is why we will all come together and raise our voices."

"This misogyny and patriarchy has grown so much and has been normalised to the point that, now rape is normal for people," said Aditi, a student protester.

Separately, more than 100 retired civil servants wrote to the chief justice of India to say the rapists' release would have a chilling impact on the safety of all women.

The decision to free the convicts on 15 August was announced by the Gujarat government as India celebrated its 75th anniversary of independence.

A video that has since gone viral showed the men lined up outside the Godhra jail while relatives gave them sweets and touched their feet to show respect.

Ms Bano called the decision to free the men "unjust" and said it had "shaken" her faith in justice.

BBC
 
Wah re wah.

So proud of our nation.

Loved the judge's response too.

Justice Rastogi : Merely because the act was horrifc, is that sufficient to say remission is wrong?#BilkisBano #SupremeCourt #CJIRamana

Keep it up.
 
Bilkis Bano rapists were out of jail for over 1000 days before release

Bilkis Bano case convicts were out of jail for around 1,000 days even before being released on remission of life sentence and one of them even got charge-sheeted for outraging the modesty of a women in 2020 while out on parole, the Gujarat government has told the Supreme Court.

A state government affidavit said all convicts were granted parole, furlough and even temporary bail at different points during their incarceration, with the highest being for 1,576 days and the lowest 998 days.

https://www.rediff.com/news/report/...or-over-1000-days-before-release/20221019.htm
 
Well done sanghis. In cahoots with rapists and murderers. A regime for, by and of rioters, rapists and murderers.
 
No surprise when India is run my a extremist Hindutva government. Their bakhts are lapping it up.
 
Lol, you really hate Modi.

Its a country of 1.4 billion, he can't look after each incident.
Release Bilkis Bano's Rapists, Said Centre, As CBI Objected: 10 Points

The convicts walked free on August 15 Independence Day under an outdated policy.

New Delhi: The Centre and Gujarat fast-tracked the early release of 11 men convicted of raping Bilkis Bano and killing her family during the 2002 Gujarat riots despite the CBI's strong objections, a document reveals. The

Supreme Court will hear the case today.

Here's your 10-point cheatsheet to this big story:

The Union Home Ministry approved the release of the convicts within two weeks of a request from the Gujarat government. Gujarat had sought the Centre's approval on June 28. The one-page sign-off came swiftly, on July 11.

https://www.ndtv.com/india-news/bil...red-by-centre-within-2-weeks-document-3440796
 
There you go. When will the devotees accept that their master is complicit in all such heinous crimes?
 
k38grgk_bilkis-bano-convicts_625x300_22_October_22.jpg
[MENTION=76058]cricketjoshila[/MENTION] @the_sab_changasis

These guys were garlanded at the VHP office. Any comment?
 
Video: "We're Innocent Because Hindus..." - Bilkis Bano Rapists Back To Normal Life

"We're innocent. Have you seen an uncle and nephew rape someone in front of each other? Does it happen in Hindu community? No, Hindus don't do that," argued Govind Nai, one of 11 life-term convicts in the 2002 Gujarat riots case who have been released prematurely by the BJP's state and central governments.

https://www.ndtv.com/india-news/hin...t-village-3455310#pfrom=home-ndtv_m_topscroll
 
My head hangs in shame seeing these barbarians are called Hindus and Indians. Hindus and Indians are not like these pests.
 
Bilkis Bano: Indian gangrape victim challenges release of her 11 rapists in Supreme Court

AMuslim woman in India moved the country’s Supreme Court against the release of 11 men convicted for gangraping her and killing the members of her family during the 2002 Gujarat riots.

Gujarat riots: 24 convicted for massacre of Muslims
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The news of the release of men convicted for raping Bilkis Bano came as India celebrated its 75th anniversary of independence from British rule.

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Prime minister Narendra Modi’s government drew swift backlash after the Gujarat state government, also ruled by Mr Modi’s Bharatiya Janata Party (BJP), cited approval from the federal government in the premature release of the convicts.

In her plea, filed a day before the Gujarat state election, Ms Bano urged the court to move her challenge to their release to the neighbouring Maharashtra state where the trial took place, instead of in Gujarat.

Ms Bano was 21 years old and five months pregnant when she was gangraped by the convicts during the riots in Gujarat’s Dahod district.

The state was gripped with communal violence after 59 people, mostly volunteers of Hindu organisations, were killed on the Sabarmati Express train when their coach was set on fire at Gujarat’s Godhra station by a suspected Muslim mob.

The incident unleashed violence across the state on an unprecedented scale. While government figures said over 1,000 people were killed in post-Godhra violence, unofficial estimates said over 2,000 people – mostly Muslims – were killed.

Ms Bano had fled her village in the aftermath of the violence with her toddler daughter and 15 others.

On 3 March, the group had taken shelter in a field when a mob of 20-30 people armed with sickles, swords and sticks attacked them.

Ms Bano was gangraped and seven of her family members were killed, while six others had managed to run away. Ms Bano’s three-year-old daughter was one of those killed.

After the incident, Ms Bano approached India’s National Human Rights Commission and a federal probe under the Central Bureau of Investigation (CBI) was ordered subsequently by the Supreme Court.

In 2004, the top court directed the case to be transferred out of Gujarat and to neighbouring Maharashtra after Ms Bano alleged receiving death threats from the accused.

In 2008, a CBI special court convicted 13 accused, sentencing 11 to life imprisonment on the charge of gangrape and murder.

In May 2017, the conviction was upheld by the Bombay High Court.

In 2019, the Supreme Court directed the Gujarat government to pay Rs 5 million (£52,400) as compensation to Ms Bano and provide her a job and a house.

In the days following the release of the convicts, Ms Bano expressed her disappointment with the Indian government and said she is “still numb”.

“Today, I can say only this – how can justice for any woman end like this?” she said in an emotional statement. “When I heard that the 11 convicted men who devastated my family and my life, and took from me my three- year old daughter, had walked free, I was bereft of words. I am still numb.”

Meanwhile, on social media, several images and videos of the convicts being offered sweets and garlanded went viral.

The application for remission of the life sentence for the convicts was considered due to the “completion of 14 years” in jail and other factors like “age, nature of the crime, behaviour in prison and so on”, according to a top Gujarat state government officer.

CK Raulji, a state lawmaker of the ruling BJP who was on the panel that recommended the release of the 11 convicts, referred to the convicts as having “good values” and invoked their caste.

“They [convicts] are Brahmins [upper castes], men of achche sanskaar [good values]. Their conduct in jail was good,” he said in an interview in Hindi to news portal Mojo Story.

MSN
 
BJP Wins Gujarat Seat Where Bilkis Bano Lived, Congress Finishes 3rd

The Bharatiya Janata Party (BJP) has won the Limkheda Assembly seat in Gujarat's Dahod district where 2002 riots victim Bilkis Bano once lived. The candidate of the opposition Congress which had promised to revoke the remission granted by the BJP-led state government to 11 convicts in the Bilkis Bano gangrape case ended up third, polling 8,000 votes.

Ms Bano was a resident of Randhikpur village in the tribal-dominated Dahod district.

Sitting BJP MLA Shailesh Bhabhor defeated his closest rival, Aam Aadmi Party's Naresh Baria by nearly 4,000 votes.

The premature release of 11 convicts in the Bilkis Bano case became an issue in the election campaign, with the Congress mentioning it in its manifesto and vowing to ensure justice for her.

Following the remission, the 11 men walked out of the Godhra sub-jail on August 15.

Some activists and observers had predicted that as the AAP leaders remained silent on the issue while Congress leaders like Jignesh Mevani were vocal about it, Muslims would vote for the Congress.

But ahead of the polls, Shailesh Bhabhor had confidently claimed that Bilkis Bano was never a poll issue and even Muslims supported the BJP.

NDTV
 
Bilkis Bano's Plea Against Rapists' Release In Supreme Court On Tuesday

The Supreme Court will hear Bilkis Bano's plea challenging the remission and release of 11 convicts in the 2002 case related to her gangrape and murder of seven members of her family on December 13.

The plea will be listed before a bench led by Justice Ajay Rastogi. Bano, in two separate petitions, had challenged the early release of the convicts by the Gujarat government on August 15.

Bano was 21 and five-month pregnant when she was gangraped during the 2002 Gujarat riots that followed the Godhra train burning incident. Bano's three-year-old daughter was also among the seven members of her family who were killed.

"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 had said at the time of filing of the petitions.

"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," she added.

In October, the Gujarat government told the Supreme Court that it had Centre's approval for the release of the 11 convicts and also cited their "good behaviour".

However, contrary to the state government's claims, FIRs and police complaints accessed by NDTV show that the 11 convicts were accused of threatening and harassing witnesses while out on parole. Between 2017-2021, at least four witnesses in the case registered complaints and FIRs against the convicts.

NDTV
 
Supreme Court To Consider Early Listing Of Review Plea By Bilkis Bano

The Supreme Court on Monday said that it would consider early "listing by circulation" a plea seeking review of its earlier order by which it had asked the Gujarat government to consider the plea for remission of 11 convicts in the Bilkis Bano gang-rape case.

A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Dipankar Datta took note of the submissions of lawyer Shobha Gupta that the review plea is yet to be listed.

"It will come up by circulation. I will have it posted early. There is a date, I will check," the CJI told the lawyer who said the tentative date was shown as December 5.

As per procedures, review pleas against top court judgements are decided in chambers by circulation by the judges who were part of the judgement under review.

Besides the review, Ms Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, has filed a separate petition challenging the remission of sentence of 11 convicts in the case by the state government, saying their premature release has "shaken the conscience of society".

The plea is listed for hearing on December 13 before a bench of justices Ajay Rastogi and Bela M Trived.

The gang-rape survivor has sought a review of the top court's May 13, 2022 order on a plea by a convict.

The top court had asked the state government to consider the plea for premature release of the convicts in terms of its policy of July 9, 1992 about deciding a remission petition within a period of two months.

All the 11 convicts were granted remission by the state government and released on August 15 this year.

The review plea said Bilkis Bano was not made a party to the petition by a convict who along with others was released under the state's remission policy which is not in force.

"In view of the development that the policy dated July 9, 1992 stood cancelled vide circular dated May 08, 2003 of State of Gujarat, it was necessary to be examined whether still the policy dated 09.07.1992 would be the relevant policy for remission application of the convicts to be considered, if at all the State of Gujarat is the appropriate Government under section 432 CrPC," the review plea said.

The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, and 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.

NDTV
 
Bilkis Bano Case: Supreme Court's Justice Bela Trivedi Opts Out Of Hearing

Justice Bela M Trivedi, part of the Supreme Court bench that was to hear Bilkis Bano's plea challenging the remission and release of 11 convicts in the 2002 case related to her gang rape and murder of seven members of her family on December 13, recused herself from the hearing today. The matter was hence adjourned, and will have to be listed in a new bench.

As soon as a bench of justices Ajay Rastogi and Bela M Trivedi took up the matter for hearing, Justice Rastogi said that his sister judge will not like to hear the case.

"List the matter before a bench in which one of us is not a member", the bench headed by Justice Rastogi ordered.

The bench did not specify any reason for the recusal of justice Trivedi.

Bilkis Bano, in two separate petitions, had challenged the early release of the convicts by the Gujarat government on August 15, saying the state government passed a mechanical order completely ignoring the requirement of law as laid down by the Supreme Court.

Bilkis Bano was 21 and five-month pregnant when she was gang raped during the 2002 Gujarat riots that followed the Godhra train burning incident. Her three-year-old daughter was also among the seven members of her family who were killed.

"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 had said at the time of filing of the petitions.
Also Read

Supreme Court To Consider Early Listing Of Review Plea By Bilkis BanoSupreme Court To Consider Early Listing Of Review Plea By Bilkis Bano
BJP Wins Gujarat Seat Where Bilkis Bano Lived, Congress Finishes 3rdBJP Wins Gujarat Seat Where Bilkis Bano Lived, Congress Finishes 3rd
"Decision Was Not Easy": Bilkis Bano On Challenging Release Of Her Rapists"Decision Was Not Easy": Bilkis Bano On Challenging Release Of Her Rapists

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.

Their conviction was later upheld by the Bombay High Court and the Supreme Court.

However, in October, the Gujarat government told the Supreme Court that it had the Centre's approval for the release of the 11 convicts and also cited their "good behaviour".

However, contrary to the state government's claims, FIRs and police complaints accessed by NDTV show that the 11 convicts were accused of threatening and harassing witnesses while out on parole. Between 2017-2021, at least four witnesses in the case registered complaints and FIRs against the convicts.

NDTV
 
"Don't Keep Mentioning...": Chief Justice On A Request In Bilkis Bano Case

On Bilkis Bano's petition challenging the early release of 11 men serving a life sentence for gang-raping her and wiping out her family during the 2002 Gujarat riots, the Supreme Court today reacted sternly to a request for setting up a new bench.

Bilkis Bano's lawyer had raised the request before Chief Justice of India, DY Chandrachud, and Justice PS Narasimha, asking them to consider setting up a fresh bench early after one of the judges hearing the case, Justice Bela Trivedi, opted out yesterday.

"The petition will be listed. Please, don't keep mentioning the same thing again and again. It is very irritating," the Chief Justice said.

After Justice Bela Trivedi exited the case, the Chief Justice has to set up a new bench to hear Bilkis Bano's petition.

The 11 convicts were freed on August 15, Independence Day, by the Gujarat government under an outdated policy. The move sparked massive nationwide outrage, which was amplified by images of the rapists being garlanded and welcomed like heroes by a Hindu organisation.

Defending the decision, the Gujarat government cited the Centre's approval - it came swiftly, within two weeks of its request - and "good behaviour".

Gujarat also cited a Supreme Court ruling on the petition of one of the convicts. The Supreme Court had said that the Gujarat government could consider releasing him under the 1992 remission policy. In response, Gujarat freed all 11, dismissing strong objections from the CBI and a special judge.

Bilkis Bano has said in her petition that the decision on releasing the men should be taken by Maharashtra, where the trial took place, instead of Gujarat.

Bilkis Bano was 21 and pregnant when she was gang-raped by the men, who killed nine members of her family, including her three-year-old daughter, during the riots that swept through Gujarat after the Godhra train burning in which 59 pilgrims died.

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 sentenced the 11 men to life imprisonment in 2008. Their sentence was confirmed by the Bombay High Court and the Supreme Court.

NDTV
 
The Supreme Court on Saturday dismissed a petition filed by Bilkis Bano seeking to review the May 2022 judgement which held that Gujarat had the appropriate jurisdiction to decide on the premature release of 11 men convicted of gangraping her and murdering her family members during the 2002 Gujarat riots, Bar and Bench reported.

The order was passed by a bench of Justices Ajay Rastogi and Vikram Nath.

Eleven men had gangraped Bano in a village near Ahmedabad on March 3, 2002, when Prime Minister Narendra Modi was the chief minister of Gujarat. She was 19 and pregnant at the time. Fourteen members of her family were also killed in the violence, including her three-year-old daughter whose head was smashed on the ground by the perpetrators.

The men were freed on August 15 from a Godhra jail after the Gujarat government approved their application under its remission policy. On the same day, the convicts were greeted with sweets by their relatives after their release. A member of the Rashtriya Swayamsevak Sangh had felicitated them as well, causing outrage.


In November, Bano filed a review petition against the Supreme Court’s judgement in May allowing the Gujarat government to decide on the remission of the life-term sentences of the convicts.

Bano in her plea had said the Supreme Court’s view that Gujarat had the “appropriate government” to decide on releasing the convicts is contrary to provisions of the Code of Criminal Procedure.

Bano was citing Section 432(7)(b) of the code that deals with the power to suspend or remit sentences. It says that the government of the state within which the offender is sentenced has to consider remission as well. The convicts were sentenced by a court in Maharashtra.

Bano argued that given the provisions of the Code of Criminal Procedure, the Maharashtra government should have heard the remission application.

On Saturday, the court gave its verdict on a petition filed by one of the convicts, Radheshyam Bhagwandas Shah. He had asked the Gujarat government to consider his application for premature release under the July 9, 1992 policy, which existed at the time of his conviction.

In the order, the Supreme Court said that there appears no error in the May 2022 judgement, which may call for its review. It also added that precedents cited in the review petition was of no assistance to the court, reported Live Law.

“In our opinion, no case for review is made out,” the court said in its order. “The review petition is accordingly dismissed.”

Bano’s lawyer, Advocate Shobha Gupta, clarified in a video message that the release of 11 convicts in the case was not the subject matter of the review petition.

“The same is the subject matter of the writ petition, which is still pending in the Supreme Court,” Gupta said.

In November, Bano had said that Shah, in his remission plea, did not disclose the nature of his crime to mislead the court to get a favourable order. The Supreme Court had ordered the Gujarat government to consider releasing the convicts on Shah’s plea.

Shah “cleverly concealed” the name of prosecutrix Bilkis Bano, which is to date considered a synonym of the brutality of Gujarat Riots, Bano’s counsel had argued.

DAWN
 
"If Justice Won't Come...": Delhi Women Body Chief On Bilkis Bano Case

When people do not get justice from the Supreme Court, where do they go, Delhi Commission for Women (DCW) chief Swati Maliwal asked on Saturday after the apex court dismissed a review plea filed by Bilkis Bano.

Bilkis Bano was gang-raped and seven members of her family were killed during the 2002 Gujarat riots.

The Supreme Court has dismissed Ms Bano's plea seeking a review of its earlier order by which it had asked the Gujarat government to consider the petitions for remission of the sentences of 11 convicts in the gang-rape case.

"Supreme Court rejected Bilkis Bano's plea. Bilkis Bano was gang-raped when she was 21 years old, and her three-year-old son and six family members were murdered but Gujarat government freed all the rapists. If justice won't come from Supreme Court, where will people go?" Ms Maliwal asked on Twitter.

According to procedures, review pleas against apex court judgments are decided in chambers by circulation by the judges who were part of the judgment under review.

Ms Bano's review plea came up for in-chamber consideration on December 13 before a bench of justices Ajay Rastogi and Vikram Nath.

"I am directed to inform you that the review petition above mentioned filed in Supreme Court was dismissed by the court on December 13, 2022," read a communication sent to Ms Bano's counsel Shobha Gupta by the apex court's assistant registrar.

The gang-rape survivor had sought a review of the top court's May 13 order on a plea moved by one of the convicts.

The apex court had asked the state government to consider the plea for a premature release of the convicts in terms of its policy of July 9, 1992 about deciding a remission petition within a period of two months.

All the 11 convicts were granted remission by the Gujarat government and released on August 15

NDTV
 
Supreme Court Rejects Bilkis Bano's Request To Review Its Earlier Order

The Supreme Court has rejected a plea filed by Bilkis Bano, seeking a review of its earlier order by which it had asked the Gujarat government to consider the petitions for remission of sentences of 11 convicts in the gang-rape case.

Bilkis Bano was gang-raped and seven members of her family were killed during the 2002 Gujarat riots.

According to procedures, review pleas against top court judgments are decided in chambers by circulation by the judges who were part of the judgment under review.

The review plea came up for in-chamber consideration on December 13 before a bench of justices Ajay Rastogi and Vikram Nath.

"I am directed to inform you that the review petition above mentioned filed in Supreme Court was dismissed by the court on December 13, 2022," read a communication sent to Bilkis Bano's counsel Shobha Gupta by the top court's assistant registrar.

The gang-rape survivor had sought a review of the top court's May 13 order on a plea moved by a convict.

The top court had asked the state government to consider the plea for a premature release of the convicts in terms of its policy of July 9, 1992 about deciding a remission petition within a period of two months.

All the 11 convicts were granted remission by the Gujarat government and released on August 15.

NDTV
 
The centre and the Gujarat government are likely to challenge an order by the Supreme Court seeking files on the remission of convicts in the Bilkis Bano gang-rape case.

The government, citing "privilege", has indicated it does not want to produce the documents connected with the remission of sentence of 11 convicts in the case.

Ms Bano approached the Supreme Court in November last year challenging what she called "premature" release of the 11 convicts by the state government. She said the remission of sentence has "shaken the conscience of society". Seven members of her family, including her three-year-old daughter, were also murdered in the 2002 Gujarat riots.

The Supreme Court on March 27 told the Gujarat government and the centre to show the files used in the remission of sentence.

A bench of Justices KM Joseph and BV Nagarathna questioned the remission granted to the 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the state.

"A pregnant woman was gang-raped and several people were killed. You cannot compare victim's case with standard Section 302 (murder of Indian Penal Code) 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 Supreme Court said, news agency PTI reported.

The question is whether the government applied its mind and what material formed the basis of its decision to grant remission," the Supreme Court said. "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," it said.

The Supreme Court will hear a clutch of requests challenging the remission to the convicts on May 2. It ordered all the convicts who have not been served notice to send their replies.

On March 27, the Supreme Court termed the Bilkis Bano gang-rape case and the murder of her family members a "horrendous" act and questioned the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts.

Ms 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.

Last month, one of the 11 men who is after the remission of his sentence was seen sharing stage with a BJP MP and an MLA at a government programme in Gujarat.

NDTV
 
In the other thread some Indians are cheering killing of Atiq Ahmad as he or his men raped women.

They are eeriley silent on the Bilkis Bano thread
 
In the other thread some Indians are cheering killing of Atiq Ahmad as he or his men raped women.

They are eeriley silent on the Bilkis Bano thread
This. Well spotted. Hypocrisy is their middle name.
 
"(They) Don't Want Hearing...": Judge's Strong Remarks In Bilkis Bano Case
The bench fixed May 9 for hearing the matter as several counsel for the convicts, who have been released, said they need time to file their replies to Bilkis Bano's plea.

The Supreme Court on Tuesday deferred to May 9 the hearing on a batch of pleas challenging the remission granted last year to all the 11 convicts in the case of gang rape of Bilkis Bano and murder of her family members during the 2002 post-Godhra riots.

Several counsel appearing for the convicts raised objections on not being served the notice on Bano's plea, which made the top court observe, "It is obvious, rather more than obvious, that you all do not want the hearing to be conducted by this bench." A bench of Justices K M Joseph and B V Nagarathna was told by Solicitor General (SG) Tushar Mehta, who appeared in the court on behalf of the Centre and the Gujarat government, that they are not claiming any privilege and not filing any plea for a review of the court's March 27 order, asking for the production of the original records with regard to the remission granted to the convicts.
Tushar Mehta raised preliminary objections with regard to the petitions filed in the matter other than the one by Bano, saying it will have wide ramifications as every now and then, third parties will approach courts in criminal cases.

The bench fixed May 9 for hearing the matter as several counsel for the convicts, who have been released, said they need time to file their replies to Ms Bano's plea.

"We are only fixing timelines, so that whichever court takes up the matter will not have to waste time on these procedural issues. I am retiring during the vacation on June 16. My last working day will be May 19. My sister (Justice Nagarathna) will be going to attend a conference in Singapore till May 25. If all of you agree, we can sit during the vacation and finish hearing the case," Justice Joseph said.

Some counsel appearing for the petitioners, including senior advocate Indira Jaising and Vrinda Grover, agreed that the bench may hear the matter during the summer vacation.

Mr Mehta, however, requested the court to list the matter before the vacation and not during the vacation.

"It is not that I will not be available for this case but all cases. Once we make an exception for one case, I will have to make an exception for all the cases," Mr Mehta said.

Advocate Shobha Gupta said the matter will take a very short time as only the question of law needs to be decided.

Justice Joseph told Gupta, "It is apparent that the counsel appearing for the convicts do not want this hearing to take place. Every time the matter will be called up, one person or the other will come and say that he needs time to file a reply. It is more than obvious." He said, "It is somewhat clear what is being attempted here. It is obvious, rather more than obvious, that you all do not want the hearing to be conducted by this bench. This is not fair to me. In our last hearing, we had made it absolutely clear that the matter will be listed for final disposal on the next date of hearing. Remember, all of you (the counsel for the convicts) are officers of the court. Do not forget your role. You may lose one case or win a case, but do not forget your duty towards the court." The court then said a new bench will take up the matter for final hearing in the second week of July.

Senior advocate Siddharth and advocate Rishi Malhotra, appearing for the convicts, wondered what was the "tearing hurry" in hearing the case after the counsel for Bilkis Bano and others requested that the matter be taken up before the vacation.

"We have been released and are out for around one year. There should not be any tearing hurry," Malhotra said.

He added that he wishes to file certain preliminary objections to the writ petition filed by Ms Bano against the remission, saying the Supreme Court rules do not allow the filing of a writ petition after a review against the main judgment has been dismissed.

Some of the counsel appearing for the convicts said two of their clients were out of station but it was stated by the petitioners that they had refused to accept the notice.

NDTV
 
'How Can You Practise Law?' Supreme Court To Bilkis Bano Case Convict.

The matter came to court's notice when advocate Rishi Malhotra, defending the remission granted to a convict, said his client has served over 15 years of actual sentence.

New Delhi: "Law is supposed to be a noble profession," the Supreme Court observed on Thursday, and voiced surprise over how can one of the convicts in the Bilkis Bano gang-rape case and murder of her family members during the 2002 Gujarat riots practise law after his conviction, the remission of his sentence notwithstanding.

Section 24A of the Advocates Act states that a person convicted of an offence involving moral turpitude cannot be enrolled as an advocate. It also states that disqualification for enrolment shall cease to have effect after a period of two years has elapsed since his release or dismissal or removal.

The Gujarat government had released the 11 convicts on the basis of the 1992 remission policy and not the policy adopted in 2014 which is effective today.

Under the 2014 policy, state cannot grant remission for a crime investigated by the CBI or where people have been convicted of murder with rape or gang-rape.

Contending that the rights of victim are restricted under the Code of Criminal Procedure (CrPC), senior advocate Sonia Mathur, appearing for another convict Bipin Chandra Joshi, submitted the victim cannot challenge judicial order on sentence pursuant to the trial as the right is confined to only to the State.

Maintaining that the compensation awarded in Bilkis Bano's case is highest ever in a gang-rape case, Mathur said if there is a flaw in a process, that's for the State to answer.

"I am not at all being insensitive to what has happened. No one deserves that. I am not submitting what has happened can be brought back by paying compensation...

"Insofar as her rights are concerned, she has been awarded compensation, she has been given a job, accommodation. This is what was given to her, as opposed to (convict's) rights," she said.

NDTV
 
The Supreme Court today overturned the Gujarat government's decision to release the 11 convicts who raped Bilkis Bano and killed her family during the 2002 Gujarat riots.

Here are the top observations from the Supreme Court verdict in Bilkis Bano case:​

  1. Holding Bilkis Bano's request challenging the remission as maintainable, a bench of Justices BV Nagarathna and Ujjal Bhuyan said the Gujarat government was not the appropriate government to pass the remission order.
  2. Gujarat government should have filed a plea seeking review of the 2022 order stating they aren't the competent government.
  3. The Supreme Court said, "The rule of law must be preserved unmindful of the ripples of the consequences."
  4. The court said that the victim's rights are important and that women deserve respect.
  5. The bench said that Supreme Court order dated May 2022 was obtained through fraudulent means and suspension of facts.
  6. "By suppressing material facts and making misleading facts, a direction was sought by a convict to the state of Gujarat to consider remission. There was no direction from this court to the Gujarat government to consider remission. This is a fraud act," the bench said.

Source: NDTV
 
Well done SC. Now send these barbarians to jail asap. They don't deserve to be roaming freely in society, let alone being garlanded by the government.

Hope the Gujarat government is penalized in some way or form, they can't be allowed to go scot free after this huge miscarriage of justice.
 
Shows how impartial the top judiciary is. Slap on the faces of those who say the institutions have been weakened.
 
The Supreme Court today ruled that 11 men convicted of raping Bilkis Bano and killing her family during the 2002 Gujarat riots but released early for "good behaviour" must return to jail. The convicts have to surrender within two weeks, the court said, cancelling Gujarat's decision to release them.

The Gujarat government was not competent to release the men in 2022, the Supreme Court said in its landmark order on a decision that triggered nationwide condemnation.

"The exemption order lacks competence," the Supreme Court said, berating the Gujarat government for passing such an order "without application of mind". Criminals can be released only by the state where they are tried, which is Maharashtra in this case.

"The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power," said the court.

Dwelling on the question of whether the convicts must go back to jail in the context of their right to personal liberty, the top court decided that allowing them to remain out of prison would amount to validating "invalid orders".

"The rule of law must be preserved unmindful of the ripples of the consequences," said the judges.

The Supreme Court came down heavily on its own judgment of May 2022, delivered by Justice Ajay Rastogi (retired), which allowed the convicts to appeal to the Gujarat government for their early remission. The convicts got the order "through fraudulent means", the judges said. They also noted that the Gujarat government should have sought a review of the 2022 order.

The convicts were released by the Gujarat government on the basis of an obsolete 1992 remission policy, which has since been superseded by a law in 2014 that bars the release of convicts in cases of capital offence.

After the Supreme Court asked Gujarat to take a call on the remission petition of one of the convicts, Radheshyam Shah, the state government consulted a panel that included men linked to the state's ruling BJP. The panel justified approving the release of the convicts saying they were "sanskari (cultured) Brahmins" who had already served 14 years in prison and had displayed good behaviour.

The convicts were given a hero's welcome, with garlands and sweets, and they were seen sharing stage with a BJP MP and an MLA. Convict Radheshyam Shah had even started practising law, the Supreme Court was told during an 11-day hearing last year of petitions challenging the release, including one by Bilkis Bano.

Petitioners against the convicts' release included Trinamool Congress' Mahua Moitra, CPM Politburo member Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma, among others.

The Supreme Court had asked tough questions and had commented that the Gujarat government was on "thin ice" over its decision. Justices Nagarathna and Ujjal Bhuyan had asked the Centre and the Gujarat government to submit the original records related to the remission.

Bilkis Bano was 21 and five months' pregnant when she was gang-raped while fleeing during the communal riots that broke out after the fire in Sabarmati Express in which 59 kar sevaks were killed. Her three-year-old daughter was among the seven family members slaughtered in the riots.

NDTV

 
Bilkis Bano Convicts Must Surrender By Sunday, Top Court Denies Extension

The Supreme Court on Friday dismissed petitions by the 11 Bilkis Bano case convicts seeking more time before they surrender to the authorities and are sent back to jail. A bench led by Justice BV Nagarathna said the petitions - which cited reasons from attending family weddings and dependant parents to the harvest season - lacked merit and told the men to report to prison officials by Sunday.

The 11 - who raped Ms Bano and slaughtered members of her family during the Godhra riots - were released by the Gujarat government on Independence Day in 2022, on the basis of an obsolete law.

Ms Bano and civil society activists filed frantic appeals against their release, and these were heard by the Supreme Court this month. An irate top court revoked the convicts' release; the court cancelled its May 2022 order, which had allowed the 11 to appeal to the Gujarat government for early release.

The court said the order was "obtained through fraudulent means and suspension of facts" and rebuked the state government for not filing a petition to review the release. It also said the state ought to have noted the men could only be released by Maharashtra, where they were tried.

The Supreme Court on Friday dismissed petitions by the 11 Bilkis Bano case convicts seeking more time before they surrender to the authorities and are sent back to jail. A bench led by Justice BV Nagarathna said the petitions - which cited reasons from attending family weddings and dependant parents to the harvest season - lacked merit and told the men to report to prison officials by Sunday.
The 11 - who raped Ms Bano and slaughtered members of her family during the Godhra riots - were released by the Gujarat government on Independence Day in 2022, on the basis of an obsolete law.

Ms Bano and civil society activists filed frantic appeals against their release, and these were heard by the Supreme Court this month. An irate top court revoked the convicts' release; the court cancelled its May 2022 order, which had allowed the 11 to appeal to the Gujarat government for early release.

The court said the order was "obtained through fraudulent means and suspension of facts" and rebuked the state government for not filing a petition to review the release. It also said the state ought to have noted the men could only be released by Maharashtra, where they were tried.

Source: NDTV
 

'No Error': SC Rejects Gujarat's Plea Over Its Comments In Bilkis Bano Case​


The Supreme Court on Thursday dismissed a plea filed by the Gujarat government seeking a review of the court’s verdict which contained certain observations against the state while quashing the remission granted to 11 men convicted of raping Bilkis Bano and murdering seven of her family members during the 2002 riots.

A bench of Justices B V Nagarathna and Ujjal Bhuyan also rejected the application for listing review petition in open court.

“Having carefully gone through the Review Petition, the order under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record or any merit in the Review Petition, warranting reconsideration of the order impugned. The Review Petition is, accordingly, dismissed,” the bench said.

The Gujarat government in its plea had said the apex court’s observation in the January 8 judgment, holding the state guilty of “usurpation of power” and “abuse of discretion” for complying with an order of another top court bench, was an “error apparent on the face of the record” primarily on three grounds.

It had said another coordinate bench of the apex court had, in May 2022, held the state of Gujarat to be the “appropriate government” and directed the state to decide the remission application of one of the convicts in accordance with the remission policy of 1992.

“No adverse inference of ‘usurpation of power’ can be drawn against the state of Gujarat for not filing a review petition against the judgment dated May 13, 2022 (of the coordinate bench),” the review plea said.

“It is humbly submitted that the extreme observation made by this court that the state of Gujarat ‘acted in tandem and was complicit with respondent no.3/accused’ is not only highly unwarranted and against the record of the case, but has caused serious prejudice to the petitioner-state of Gujarat,” it said.

According to the plea, in view of the “errors on the face of the record”, the apex court’s interference is imperative and it may be “pleased to review its impugned common final judgment and order dated January 8, 2024… to the extent as mentioned hereinabove”.

In its January 8 verdict, the apex court had quashed the remission granted to the 11 men convicted in the case and ordered that they be sent back to jail within two weeks.

Bilkis Bano, 21, was five-month pregnant when she was raped by the men while fleeing the horror of the communal riots that broke out in Gujarat after the Godhra train-burning incident in February 2002. Her three-year-old daughter was among her seven family members killed.

All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022.

Excoriating the Gujarat government, the apex court had said in its verdict that the state “usurped” the power of the Maharashtra government to grant remission to the convicts.

It had held as nullity the May 13, 2022 judgment of another bench of the top court, which had directed the Gujarat government to consider the remission application of one of the convicts in the case, saying it was obtained by “playing fraud on court”.

“This is a classic case where the order of this court dated May 13, 2022 has been used for violating the rule of law while passing orders of remission in favour of respondent nos. 3 to 13 (convicts) in the absence of any jurisdiction by the state of Gujarat,” a bench of justices B V Nagarathna and Ujjal Bhuyan had said.

“Therefore, without going into the manner in which the power of remission has been exercised, we strike down the orders of remission on the ground of usurpation of powers by the state of Gujarat not vested in it. The orders of remission are hence quashed,” it had said.

 
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