The Supreme Court of India made a significant decision on Monday by quashing the Gujarat government’s move to grant remission and early release to 11 convicts in the Bilkis Bano rape case. The verdict was welcomed by various political figures, including Rahul Gandhi, who hailed it as a “victory of justice.”
Rahul Gandhi expressed his views on the microblogging site X, stating, “The tendency to ‘kill justice’ for electoral gains is dangerous for the democratic system. Today the Supreme Court’s decision once again told the country who is the ‘patron of criminals’. Bilkis Bano’s tireless struggle is a symbol of the victory of justice against the arrogant BJP government.”
Additionally, Priyanka Gandhi Vadra took to X to commend the Supreme Court’s decision, asserting that justice has ultimately prevailed. She remarked, “With this order, the veil over the anti-women policies of the Bharatiya Janata Party has been removed. After this, public confidence in the justice system will be further strengthened. Congratulations to Bilkis Bano for continuing her fight bravely.”
The Supreme Court, in its ruling on Monday, declared the May 13, 2022 judgment of another bench null and void. This earlier decision had directed the Gujarat government to consider the remission applications of the 11 convicts in the Bilkis Bano gang-rape case and the murder of seven of her family members. The court stated that the judgment was obtained by “playing fraud on court.”
In the May 13, 2022 verdict, a bench comprising Justices Ajay Rastogi (now retired) and Vikram Nath had instructed the Gujarat government to consider the plea of convict Radheshyam Shah for premature release based on its remission policy of July 9, 1992. The bench had held that the state where the offense occurred has the jurisdiction to decide the application.
On Monday, the Supreme Court highlighted that Shah had initially approached the Gujarat High Court in 2019, seeking direction to consider his application for remission.
The 11 convicts who were released prematurely included Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Mordhiya, Radheshyam Shah, Rajubhai Soni, Ramesh Chandana, and Shailesh Bhatt. All of them were granted remission by the Gujarat government and released on August 15, 2022.
Apart from Bilkis Bano’s petition contesting the remission, several other PILs (Public Interest Litigations), including those filed by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma, contested the relief. TMC leader Mahua Moitra also filed a PIL against the remission and premature release of the convicts.
Bilkis Bano’s horrific experience unfolded when she was only 21 years old and five months pregnant. She was gang-raped while fleeing the communal riots, during which her three-year-old daughter was among seven family members killed. The decision to release the convicts prematurely sparked widespread concern and legal challenges, leading to the Supreme Court’s recent judgment overturning the Gujarat government’s move.
The development underscores the ongoing struggle for justice and accountability in cases of sexual violence, prompting reflections on the larger issues surrounding women’s rights and the integrity of the justice system.
