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Reading: India’s Supreme Court rejects Bilkis Bano’s challenge to Gujarat’s remission of convicts
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Bilkis Bano's petition, 2002 Gujarat riots
PhotoNews Pakistan > World > India’s Supreme Court rejects Bilkis Bano’s challenge to Gujarat’s remission of convicts
World

India’s Supreme Court rejects Bilkis Bano’s challenge to Gujarat’s remission of convicts

Web Desk
By Web Desk Published December 17, 2022 3 Min Read
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Bilkis Bano’s petition to review a May 2022 ruling that Gujarat lacked jurisdiction to release 11 men convicted of gangraping her and killing her family members during the 2002 Gujarat riots was rejected by the Supreme Court on Saturday.

Order passed by #SupremeCourt dismissing Bilkis Bano’s review petition against the judgment of the Court allowing Gujarat Govt to decide the remission of 11 convicts.#SupremeCourtOfIndia #BilkisBanoCase pic.twitter.com/oAWNd4Q8EJ

— Live Law (@LiveLawIndia) December 17, 2022

A bench of Justices Ajay Rastogi and Vikram Nath passed the order.

On March 3, 2002, when Narendra Modi was Gujarat’s chief minister, 11 men gangraped Bano near Ahmedabad. 19-year-old and pregnant. Fourteen of her family members were also slain, including her 3-year-old daughter, whose head was smashed.

The men were released from Godhra jail on August 15 under Gujarat’s remission program. After their release, relatives gave inmates chocolates the same day. An RSS member also congratulated them, which generated controversy.

Bano filed a review case against the Supreme Court’s May ruling allowing the Gujarat government to remit life sentences.

Bilkis Bano's Lawyer Advocate Shobha Gupta's response about the Disposal of #Bilkisbano’s Review Petition by Supreme Court pic.twitter.com/0d0Yz0VkdC

— Live Law (@LiveLawIndia) December 17, 2022

Bano argued that the Supreme Court’s view that Gujarat has the “appropriate government” to release inmates is against the Code of Criminal Procedure.

Bano cited Section 432(7)(b) of the code, which deals with sentencing. The sentenced state’s government must also consider remission. Maharashtra sentenced the convicts.

Bano stated that the Maharashtra government should have heard the remission application.

Radheshyam Bhagwandas Shah petitioned the court on Saturday. He asked the Gujarat government to consider his early release request under the July 9, 1992 policy.

In its order, the Supreme Court noted no error in the May 2022 ruling, which may be reviewed. However, live Law reports that the court said precedents cited in the review petition were useless.

“No reconsideration is warranted,” the court said. “The appeal is denied.”

Bano’s lawyer, Shobha Gupta, stated in a video message that the 11 convicts’ release was not the topic of the review petition.

“Same as the Supreme Court writ petition,” Gupta remarked.

Bano stated in November that Shah didn’t mention his offence in his remission request to deceive the court. On Shah’s petition, the Supreme Court ordered Gujarat to release the inmates.

Bano’s lawyer said that Shah “cleverly covered” Bilkis Bano’s name, which is synonymous with the Gujarat Riots’ ferocity.

This post was originally published on Scroll.in.

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