SC Orders Re-Imprisonment of Bilkis Bano Gang Rape Case Convicts within Two Weeks

SC Orders Re-Imprisonment of Bilkis Bano Gang Rape Case Convicts within Two Weeks

The Supreme Court has directed the re-incarceration of the eleven convicts convicted in the Bilkis Bano gang rape case within a fortnight. This decision comes as the apex court nullified the Gujarat government's August 2023 ruling to grant early release to these individuals. 

Today, the Supreme Court bench, comprised of Justices BV Nagarathna and Ujjal Bhuyan, reached the verdict that the Gujarat government lacked the authority to implement its remission policy concerning the eleven convicts in question.

The Court's ruling highlighted that it was actually the responsibility of the Maharashtra government to make decisions regarding the case, considering that the trial for the Bilkis Bano rape case occurred within Maharashtra's jurisdiction.

The bench clarified that the authority to grant remission doesn't lie with the government of the State where the offense took place. Therefore, the bench held that the remission order must be invalidated.

In its judgment, the Court took a firm stance against one of the convicts, Radhyesham, highlighting his deceitful actions. It was revealed that he had manipulated facts, withheld crucial information, and obtained a favorable order from the apex court in May 2022. This deceptive behavior ultimately resulted in the release of all eleven convicts involved in the case.

The case, marked by heinous crimes against Bilkis Bano and her family members, has been decided by a bench comprising Justices BV Nagarathna and Ujjal Bhuyan, who reserved judgment on October 12.

The heart-wrenching incident saw 11 individuals convicted for the gangrape of Bilkis Bano and the brutal murder of her family members during the Gujarat riots. The Gujarat government's controversial move to grant remission to these convicts has brought the matter before the apex court.

The legal intricacies of the case revolve around a May 2022 judgment that emphasized the consideration of remission applications in alignment with the state's policy, rather than where the trial took place. Subsequently, the Gujarat government applied its remission policy to release the convicts, despite the trial having taken place in Maharashtra.

The 11 individuals set free following the remission 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.

Case: Bilkis Yakub Rasool v. Union of India and ors.

WRIT PETITION (CRL.) NO.491 OF 2022.

Click to read/download judgment.

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