A court document revealed that the premature release of the men convicted for the rape of Bilkis Bano was approved by the home ministry. The Central Bureau of Investigation (CBI) and a special court opposed the clearance.
The Gujarat government told the Supreme Court on October 17 that the 11 convicts were released as they had been in jail for 14 years. Their behaviour was found to be good and the centre conveys its approval.
The affidavit showed that the state sought the centre’s approval for the remission of the convicts on June 28, 2022. The home ministry approved the remission on July 11.
Bilkis Bano approached the Supreme Court on November 30, challenging the premature release of the 11 men convicted of gangraping her and murdering her family in the 2002 Gujarat riots.
Bano filed a review plea against the May order of the Supreme Court which allowed the Gujarat government to apply the 1992 Remission Rules to release the convicts. The apex court is set to hear Bano's plea on December 13.
Bilkis Bano Case Convicts Release
On August 15, the convicts were released under an outdated remission policy of the Gujarat government. The documents showed that the CBI and a special civil judge opposed to the release of the Bilkis Bano case convicts.
In a letter to the superintendent of Godha sub-jail, The CBI said last year that the offence committed was “heinous, grave, and serious”. The CBI added that the convicts “cannot be released prematurely and no leniency may be given” to them.
The special judge also opposed the release of the convicts. The judge observed that “the crime was committed only on the ground that the victims belong to a particular religion. In this case, even minor children were not spared.”
The current laws in both the centre and the state have restrictions on the premature release of those convicted of rape or sentenced to life imprisonment. The clause was not present in Gujarat’s 1992 remission policy, on the basis of which an advisory committee recommended the release of the convicts.
The Supreme Court is hearing three petitions challenging the release of the convicts. One of the petitioners contended that the case was investigated by the CBI, thus the grant of the remission solely by the Gujarat government without any consultation with the Central government is “impermissible” under the Code of Criminal Procedure, 1973.
The apex court asked the Gujarat government to file the entire record of the proceedings in the Bilkis Bano case, including the remission order.
Suggested Reading: Shabana Azmi On Release Of Bilkis Bano Convicts: "This Is Great Travesty Of Justice"
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