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Bilkis Bano Case: From 2002 Riots to 2024 Supreme Court Verdict, The Chronology of Events
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The Supreme Court on Monday squashed the Gujarat government's remission order to the 11 convicts in the Bilkis Bano gangrape and murder case. The convicts, who had received life sentences, were released by the Gujarat government in 2022 following its remission policy. Terming it a "fraudulent act", the Supreme Court stated that the government "was not competent" enough to make such a decision.
A Supreme Court bench headed by Justice B.V. Nagarathna stated that the Gujarat government lacked the authority to decide on the remission of sentences for the 11 convicts. In addition, the apex court has mandated that the individuals released in this case must surrender back to the jail within a two-week timeframe.
Chronology of Events
2002 Gujarat Riots:
Amid the turbulent 2002 Gujarat riots, Bilkis Bano, who was in the fifth month of pregnancy, was forced to vacate her residence in Randhikpur village, accompanied by her 3-year-old daughter, husband, and other family members, in search of a safe shelter.
Upon arriving at the Chhaparvad district, Bilkis Bano and her family were rounded up and assaulted by a mob of men who were carrying sickles and swords. As per reports, Bilkis, her mother and three other women were brutally gang raped by 11 men. The mob killed seven members of her family, including her 3-year-old daughter.
Seeking justice, Bilkis knocked on the doors of the local police, however, she was only met with disappointment. Bano then sought assistance from the National Human Rights Commission (NHRC) in 2003 and subsequently filed an appeal in the Supreme Court.
Change of Trial Venue, CBI inquiry and arrests:
The Supreme Court then directed the CBI to probe into the case. In 2004, the investigative agency apprehended all the accused. Bilkis was concerned about evidence tampering, owing to which the trial was shifted from Ahmedabad to Mumbai. The 13 individuals involved in the case were found guilty of charges related to rape, murder, and conspiracy, with 11 of them receiving life sentences.
The 11 convicts- Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt, and Ramesh Chandana, then contested their verdict in the Bombay High Court in 2008. Despite multiple efforts to reverse the decision and the CBI advocating for capital punishment, the High Court upheld its earlier ruling of life sentences for the 11 convicts in 2017.
In 2022, Radheshyam Shah, one of the convicts, sought early release after completing 15 years of imprisonment. As per Outlook India's report, the Supreme Court transferred this case to the Gujarat government.
Remission Controversy:
All 11 convicts in the gangrape case were released by the Gujarat government on August 15, 2022, in adherence to its remission policy. Following 15 years of imprisonment, factors such as their age and conduct during their time in custody were taken into consideration by the Gujrat government. A move that stirred a massive political controversy. Before Bilkis Bano personally approached the Supreme Court, several petitions were filed in the public interest, contesting the Gujarat government's decision. Among the petitioners were Subhashini Ali, a leader of the Communist Party of India (Marxist), professor Rooplekha Verma, journalist Revati Laul, Trinamool Congress MP Mahua Moitra, former IPS officer Meeran Chadha Borwankar, and the National Federation of Women.
Bilkis Bano appeals to the Supreme Court:
In 2022, Bilkis Bano submitted a plea to the Supreme Court, urging a reevaluation of the Gujarat government's directive to remit the 11 convicts involved in the gangrape case.
The case was listed in the Supreme Court in March 2023, during which arguments from both the Centre and the Gujarat government were presented. On October 12 last year, the Supreme Court had reserved its judgment after 11 days of extensive hearing. Throughout the proceedings, both the Centre and the Gujarat government presented authentic documents on the premature release of the convicts' sentences.
Supreme Court Verdict:
On January 8, 2024, the Supreme Court ruled against the remission granted to the convicts in the Bilkis Bano gang rape case, instructing them to surrender to the authorities within two weeks.
