Bilkis Bano rapists to be re-jailed, SC rebukes Gujarat government
What's the story
The Supreme Court on Monday quashed the Gujarat government's order to grant remission and premature release to 11 convicts in Bilkis Bano's 2002 gangrape case.
It ruled Gujarat's administration was not competent to pass their release order.
While terming the petition filed by Bano against their release as valid, the SC also ordered the convicts to surrender in two weeks and return to jail.
Context
Why does this story matter?
Bano was 21 years old and five months pregnant when the 2002 Gujarat riots erupted after a Sabarmati Express coach was set on fire.
On March 3, 2002, Bano and her family were attacked in Ahmedabad's Randhikpur village by an angry mob that raped her and killed her family members.
More than 1,000 people reportedly lost their lives in the Gujarat riots.
Supreme Court
SC on why Maharashtra, not Gujarat, was competent
The bench of Justices BV Nagarathna and Ujjal Bhuyan said the Gujarat government was not competent to release the offenders.
It said the decision was up to the government of Maharashtra, where they were sentenced.
To recall, the convicts were released by Gujarat on Independence Day in 2022 based on an obsolete law.
They were also given a hero's welcome, which triggered widespread condemnation.
Court
Convicts obtained 2022 SC order 'fraudulently': Court
Justice Nagarathna noted, "The Supreme Court must act as a beacon in upholding the rule of law."
Convicts must surrender to jail authorities in two weeks, she added.
The SC also came down hard against its May 2022 order by Justice Ajay Rastogi (retired), which permitted rapists to seek early remission before Gujarat's government.
Canceling it, the court said the convicts obtained it "fraudulently."
Plea
Bano's plea against early release of convicts
Bano petitioned the SC on November 30, 2022, challenging the Gujarat government's decision to release the 11 convicts on August 15, 2022.
Additionally, she earlier filed a review petition to challenge the SC's May 2022 ruling that allowed the Gujarat government to decide on the remission.
Trinamool Congress leader Mahua Moitra and Communist Party of India-Marxist's Subhashini Ali also filed petitions in the case.
Statement
Bano expressed shock over rapists' early release
Bano, in her petition, revealed that she had approached the Gujarat government asking for the papers or entire documents related to the premature release of the 11 convicts.
However, nothing came from the state government despite her reminders.
Bano also claimed that despite being the victim of the crime, she was not informed that such a process of premature release or remission was initiated.
Background
Supreme Court ruling in September
Hearing the matter in September last year, the SC questioned whether the convicts had a fundamental right to seek remission.
On October 12, 2022, while reserving the judgment, it directed the Centre and the Gujarat government to submit original records related to the remission of their sentences by October 16, 2022.
It also observed that state governments should not be selective in granting remission.
Case
Know about convicts' sentences
The case's trial was shifted from Gujarat to Mumbai, Maharashtra, after the Central Bureau of Investigation (CBI) took over.
In 2008, a special CBI court in Mumbai sentenced the 11 accused to life imprisonment. It was upheld by a division bench of the Bombay High Court in 2017.
However, in August 2022, the convicts were granted remission by the Gujarat government and released prematurely.