Bilkis Bano case: Supreme Court to deliver verdict on pleas challenging convicts' remission on Monday

The Supreme Court on Monday is scheduled to pronounce the verdict on the petitions that challenged the remission granted to the 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the Gujarat riots of 2002. 

A bench of Justices B V Nagarathna and Ujjal Bhuyan had on October 12 last year reserved its verdict after an 11-day hearing on the petitions, including the one filed by Bano.

While reserving the judgement, the apex court had directed the Centre and the Gujarat government to submit by October 16 the original records related to the remission of sentence of the 11 convicts.

While hearing the matter in September last year, the top court had asked whether convicts have a fundamental right to seek remission. The top court had further said that the right to remission should not be granted selectively, while adding the opportunity to reform and reintegrate within the society should be provided to every prisoner. 

During the earlier arguments, the apex court had observed that state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should extend to every prisoner.

Appearing for one of the convicts in the case, Senior advocate Sidharth Luthra stated the remission order gave the convict a new sense of hope to resettle in the society. The senior counsel also mentioned that the convict is remorseful of the events that took place, due to which he was imprisoned. 

Besides the petition filed by Bano contesting the remission granted to them by the Gujarat government, several other PILs, including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul and former vice-chancellor of Lucknow University Roop Rekha Verma, have challenged the relief.

TMC leader Mahua Moitra has also filed a PIL against the remission and their premature release.

Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the seven family members killed in the riots.

All 11 convicts were granted remission by the Gujarat government and released on August 15, 2022 after completing 15 years in prison coupled with age considerations and their behaviour while in prison. The 11 convicts released prematurely are: Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Mordhiya, Radheshyam Shah, Rajubhai Soni, Ramesh Chandana and Shailesh Bhatt. 

(With inputs from PTI, Kanu Sarda)