SC dismisses one of the two pleas by Bilkis Bano against release of 11 convicts

The Supreme Court dismissed one of two petitions filed by Gujarat riots victim Bilkis Bano against the release of 11 men who raped her and killed several of her family members in the 2002 violence.

She had asked the court to review its May 2022 order that told the Gujarat government to consider the convicts’ release plea. Her other case, which challenges the very grounds of the release, is not immediately affected by this decision.

Also read: Bilkis Bano case: SC’s Justice Bela Trivedi recuses herself from hearing plea

Change in policy

The 11 convicts serving life term walked out of jail on August 15 this year. They were released on account of “good behaviour” under a 1992 policy by Gujarat’s BJP government with a nod from the Union home ministry.

The latest policy says gangrape and murder convicts cannot be released early. But the Supreme Court had agreed with the argument that the 1992 policy, which had no such exception, applied to these men as that policy was in effect when the men were convicted in 2008.

Bano’s challenge

Bilkis Bano had challenged this and also argued that Gujarat was not the right state to take a decision as the trial was held in neighbouring Maharashtra. The trial had been moved to Mumbai on the Supreme Court’s instructions in 2004 after Bano said a fair trial could not be held in Gujarat.

After the men had served about 15 years in jail, one of them went to court asking to be considered for premature release as per the policy for lifers. That contention reached the Supreme Court, which told the Gujarat government in May this year that it should be considered.

Less than three months later, the men walked free.

Also read: BJP wins Limkheda constituency where Bilkis Bano lived, Cong finishes third

BJP defends

The BJP has defended the “policy” decision with its leaders even hailing the men as “sanskari” Brahmins. Its leaders were on the panel that recommended the release that was also approved by the Union home ministry headed by Amit Shah.

Hearing on Bano’s second petition was adjourned last week as one of the judges, Justice Bela Trivedi, recused from the case. She did not specify any reason for doing so.

(With Agency inputs)