NEW DELHI: The Supreme Court on Monday will deliver the verdict on a batch of pleas challenging the premature release of 11 convicts in the gang rape of Bilkis Bano.
A two-judge bench of the Supreme Court, headed by Justice B V Nagarathna and also comprising Justice Ujjal Bhuyan, which had reserved its verdict on October 12 last year, will pronounce the judgement on Monday, according to the Supreme Court's causelist.
The SC Causelist reflects what kind of cases, verdicts and orders it would hear and pronounce in a day or two or in the near future.
The Gujarat govt had granted remission of all these 11 convicts following a May 2022 judgment in which the top court held that an application of remission should be considered in line with the policy of the state where the crime was committed and not where the trial was held.
The Gujarat govt's remission to all the 11 convicts of Bilkis created public outrage, with social activists, lawyers and civil society terming it as "miscarriage of justice."
The 11 convicts who were set free by the Gujarat government 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.
A bunch of Public Interest Litigations (PIL) were filed in the Supreme Court by private parties including the Communist Party of India (Marxist) leader Subhashini Ali, Professor Rooplekha Verma, journalist Revati Laul, Trinamool Congress MP Mahua Moitra, former IPS officer Meeran Chadha Borwankar and the National Federation of Indian Women.
Bano had moved the top court challenging the Gujarat government's order of remission granted to the 11 convicts who gang-raped her and murdered many of her family members in 2002 during the Gujarat riots.
She pointed out that the remission was granted despite the objections raised by the presiding judge and the investigating officer to the premature release of convicts who have committed grave and heinous offences.
Bano had argued that the release of the prisoners, who committed horrific crimes against her and her family members, has caused fear and emotional trauma to her.
"Eight minors were killed, including Bilkis' three-and-a-half-year-old child, whose head was smashed into a rock. A pregnant woman was gang-raped. A woman who had just at that time delivered a child was raped and murdered. There were 14 counts of murder in total. It's heartwrenching to read about the condition in which the bodies were discovered," Bano's lawyer Shobha Gupta said.
Gupta had told the Supreme Court that the factors which are to be considered, as per the SC judgement, while granting remission to the 11 convicts have been given a complete go-by.
She said that these 11 convicts needed to be sent to jail, their original place.
"There is no doubt that the crime was committed in a brutal manner. Look at the way Bilkis Bano has suffered. The remission is incorrect. The apex court should cancel the remission order and all these 11 convicts of Bilkis should be sent to jail," Gupta said.
She also said that the minimum sentence is of 14 years, but for people convicted of murder committed with premeditation and with exceptional violence or brutality, it is 26 years; while for those convicted of crimes with exceptional violence or with brutality or death of victim due to burn and/or murder with rape, it is 28 years.
"Such was public outrage that public spirited individuals even approached this court challenging the remission," Gupta had told the apex court.
She also questioned if the men who raped her and killed her entire family deserve the leniency they have been given, adding that the answer is no.
Additional Director General of Police, Prisons and Correctional Administration, Gujarat had given a negative opinion and did not recommend the premature release of convict Radheshyam, she told the apex court.
"In this case, how has leniency been extended to the convicts," Gupta questioned.
On the other hand, the Gujarat government told the Supreme Court that it decided to release the 11 convicts as they completed 14 years sentence and as their behaviour was found to be good. The court was also told that the decision was taken with the requisite approval of the central government (as the case was investigated by the CBI).
Opposing the Gujarat govt's arguments, Gupta said that good behaviour in jail and completion of 14 years are not the only factors to be considered while considering remission application in such kind of brutal offences, she said.
