India: Supreme Court to consider amnesty of Bilquis Bano case

Bilquis bano rape case victim
Bilquis Bano, a rape victim from Gujarat, is seen during a press conference in New Delhi on May 8, 2017 (AFP).

On August 15, the Gujarat government released 11 convicts in the 2002 Bilquis Banu gang-rape case under the amnesty and early release policy.

India's Supreme Court on Tuesday said it will consider a petition for urgent hearing on pleas challenging the amnesty granted to 11 convicts in the Bilquis Bano case of Gujarat. 

The announcement was made when advocate Aparna Bhatt mentioned one of these petitions before a bench headed by Chief Justice of India NV Ramana. 

The petition was filed by three petitioners including CPIM(M) leader Subhasini Ali and independent journalist Revati Lawal. Trinamool Congress MP Mehwa Moitra has also filed another petition.

When the matter was taken up in court on Tuesday, the CJI asked if the release was due to the Supreme Court's order, to which Aparna Bhatt said the Supreme Court had given discretion to the Gujarat government to take the decision. Release has been decided. 

Senior advocate Kapil Sibal said the challenge is on the principles of amnesty. On this, the Chief Justice said, "Let us see." 

When Bhatt asked if the court would consider the matter on Wednesday, the chief justice replied: "We will see."

The Gujarat government had on August 15 released 11 convicts in the Bilquis Bano murder and 2002 gang-rape case under the amnesty and early release policy after one of the convicts, Radhe Shyam Shah, petitioned the Supreme Court for the same. 

Radhe Shyam Shah, who was sentenced to life in prison by a CBI court in Mumbai in 2008, completed 15 years and four months in prison.

Chief Justice of India NV Ramana
Chief Justice of India NV Ramana (AFP)

Bilquis was gang-raped and her three-year-old daughter Saleha was among the 14 people who were killed by a mob on March 3, 2002, in Lamkhera taluk of Dahood district. Bilquis was pregnant at that time.

A few days earlier, violent riots had erupted in the state after the Sabarmati Express carnage. On February 27, 59 people on board the Sabarmati Express train were killed when their coach was set on fire by an alleged mob at Godhra station in Gujarat.

Most of the dead were volunteers of Hindu organizations. There is often disagreement as to who started the fire. After this incident, an unprecedented level of violence broke out in the state. 

Reacting to the release of the convicts, Bilquis had said that he was "deeply shocked and has no words to express his feelings."

He said in a statement that the release of the criminals has robbed them of their peace and shaken their faith in justice. 

Today I can only say that how can justice for any woman end like this? I trusted the highest courts of my land. I trusted the system and I was slowly learning to live with my trauma.' 

Among the 11 convicts who were released were Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhe Shyam Shah, Bipan Chandra Joshi, Kesarbhai Vahania, Pradeep Mordhya, Bakabhai Vahania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandna.


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