NE NEWS SERVICE
NEW DELHI, AUG 25
The case pertaining to the release of 11 convicts in the Bilkis Bano gang rape case has reached the Supreme court. The convicts who were sentenced to life terms in 2008 by a court in Mumbai were released on August 15 under the Gujarat government’s remission policy of 1992. The case was transferred from Gujarat to Maharashtra as Bilkis had expressed apprehension about her life from the accused involved in the case.
When Bilkis and her family members had fled from their native place in Randhikpur to another place during the 2002 anti-Muslim riots, they were caught by a mob. While 14 people, including seven members of her immediate family and his minor daughter, were killed, she was gang raped.
When the 11 persons were convicted to life imprisonment on January 21, 2008, by the CBI court in Mumbai on charges of gang rape and murder of seven members of Bilkis Bano’s family, the 1992 remission policy was prevalent in the state. The 1992 policy permitted early release of even rape convicts. But the new policy framed in 2014 prohibited the early release of rape convicts. Their conviction was upheld by the Bombay High Court in 2017.
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As the 1992 policy was in force on the day of conviction, one of the convicts – Ghanshyam Shah- moved the court for remission in his jail term. The Supreme Court in May this year directed the state government to look into his pleas as per 1992 policy.
The state government formed a committee comprising two BJP MLAs C K Raulji and Mrs. Suman Chauhan, Godhra municipal councillor from BJP Murli Mulchandani and BJP women’s wing activist Snehalben Bhatia. The committee was headed by Godhra collector Sujal Mayatra.
However, Bilkis, in a statement released through her lawyer, opposed the release. She said that the remission in jail terms had shaken her faith in justice. She requested the Gujarat government to withdraw the recommendation and allow her to live in peace and without fear.
Two sets of Public Interest Litigations (PILs) have been filed challenging the remission granted to 11 convicts. One petition has been filed jointly by former CPI MP Subhasini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma. The other petition has been filed by TMC MP Mohua Moitra. Moitra, in her petition, pointed out that “the release of the convicts fails to bolster either social or human justice and does not constitute a valid exercise of the guided discretionary power of the state.”
The first PIL pointed out that since the case was investigated by the Central Bureau of Investigation (CBI), it was necessary for the state government to consult and take the approval of the central government in a decision for the early release of the convicts in the case. However, it has not been made clear by the Gujarat government whether it took approval from the union government prior to the release.
It also said that the release of the convicts was against the special remission policy of the Ministry of Home Affairs announced in June this year as part of the Azadi ka Amrit Mahotsav (75 years of Independence) celebrations. MHA policy to decongest jails excluded rape convicts. The plea also pointed out that the remission was entirely against public interest and against the interest of the victim’s family.
The PIL also questioned the composition of the committee to take the decision on the remission. Since the four committee members bore allegiance to the BJP and two of them were party MLAs, the PIL pointed out that the competent authority was not entirely independent and hence, it was not in a position to apply its mind independently in the case.
The petition demanded immediate re-arrest of the convicts.
Rapists as “Brahmins”
BJP MLA CK Raulji, who was one of the members on the committee that recommended remission of the prison terms of the convicts, referred to rapists as “Brahmins” with good sanskars (values). This created a controversy about the objective and independent decision of the committee.
Was the decision to reduce prison terms just?
Retired Justice Umesh Salve, who had sentenced the accused persons to life imprisonment, at a solidarity meeting with Bilkis Bano criticsed the premature releaase of the convicts. He that “while the remission was legal, the question is: Was it just?”
Wrong if accused persons are felicitated: Fadnavis
Maharashtra deputy chief minister Devendra Fadnavis said on Tuesday that it was wrong if the convicts were felicitated after being released. He made the comments while he was speaking in the Maharashtra legislative council on the issue of women’s safety. However, he justified the decision of the state government’s committee to recommend the release of the convicts, saying the decision was taken on the direction of the Supreme Court.
