Bilkis Bano: Supreme Court issues notice to Gujarat government on plea against remission to 11 life convicts

The Supreme Court on Thursday sought the response of the Gujarat government on a plea challenging the decision of the State to grant remission to 11 convicts who had gangraped Bilkis Bano and murdered her family members during the 2002 Godhra riots..A bench of Chief Justice of India (CJI) NV Ramana and Justices Ajay Rastogi and Vikram Nath issued notice to the State and also directed that the eleven convicts be impleaded as parties."Issue notice, returnable within two weeks. Dasti service, in addition, is permitted. The petitioners are directed to implead the persons who are released on August 15, 2022 by virtue of order passed by the State of Gujarat," the Court directed.The 11 convicts who have been set free are Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana.During the hearing the Court said that what it has to consider is whether under the Gujarat Rules, the convicts are entitled to remission and whether there was application of mind in this case while granting remission."We have to see whether there was application of mind in this case while granting remission. Are you saying remission cannot be granted," the Court asked. "We only want to see if application of mind was there," replied petitioner counsel Senior Advocate Kapil Sibal."Please see the petition. Large number of lives were lost in communal riots. Even in Limkheda village of Dahod district, arson, looting and violence took place. Bano and Shamin with others were escaping. Shamim delivered a child..When the group of 25 people saw the prosecutrix and others escape, they said musalmaano ko maaro. 3-year-old child head was smashed to the ground, pregnant was raped," he added..The petition before the top court was filed by CPI(M) leader Subhasini Ali, independent journalist and filmmaker Revati Laul and former philosophy professor and activist Roop Rekh Varma.Gujarat Additional Chief Secretary (Home) Raj Kumar had reportedly said that the convicts were released due to the “completion of 14 years” in jail and other factors such as “age, nature of the crime, behaviour in prison and so on”.Bano was gangraped during the 2002 riots and her three-year-old-daughter was among twelve people killed by a mob in Limkheda taluka of Dahod district in Gujarat.The Supreme Court had ordered a Central Bureau of Investigation (CBI) probe into the case after Bano approached National Human Rights Commission.When Bano complained of death threats by the accused, the apex court in 2004 directed the trial to be transferred from Godhra in Gujarat to Maharashtra.In January 2008, a Special CBI Court convicted thirteen accused, out of which eleven were sentenced life imprisonment on the charge of gangrape and murder.In May 2017, the conviction order was upheld by the Bombay High Court.In 2019, the Supreme Court also directed the State of Gujarat to provide ₹50 lakh compensation to Bano.A Bench of then Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna had also directed the State to provide her with a government job and accommodation..Read live updates from the hearing here. .[Read Order]