The Supreme Court on Thursday issued a notice to the Gujarat government, seeking its response to a plea challenging the state’s decision of granting remission to 11 convicts who gang-raped Bilkis Bano and murdered her family members during the 2022 Godhra riots.
Chief Justice of India (CJI) NV Ramana and Justices Ajay Rastogi and Vikram Nath issued notice to the state and also directed that the eleven convicts be impleaded as parties. “Issue notice. File your reply. We direct the 11 convicts to be impleaded in the case,” Bar and Bench quoted the court as saying.
The 11 convicts 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.
During the hearing, the Court said that what it has to consider is whether under the Gujarat Rules, the convicts are entitled to remission and whether there was the application of mind in this case while granting remission.
“Are you saying remission cannot be granted,” the Court asked. “We only want to see if application of mind was there,” replied petitioner counsel Senior Advocate Kapil Sibal.
“Please see the petition. A large number of lives were lost in communal riots. Even in Limkheda village of Dahod district, arson, looting, and violence took place. Bano and Shamin with others were escaping. Shamim delivered a child… When the group of 25 people saw them and others escape, they said ‘musalmaano ko maaro‘ (Kill the Muslims). A 3-year-old child’s head was smashed to the ground, and the pregnant woman was raped,” he added.
The petition before the Supreme court was filed by CPI(M) leader Subhasini Ali, independent journalist and filmmaker Revati Laul, and former philosophy professor and activist Roop Rekh Varma.
Bilkis Bano was gangraped in Gujarat’s Randhikpur village and seven members of her family, including her three-year-old daughter, killed on March 3, 2002 in the Gujarat riots that broke out after the Godhra train burning. she was 21 years old and five months pregnant at the time.
The convicts walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
A special CBI court in Mumbai on January 21, 2008, sentenced the 11 to life imprisonment on charges of gangrape and murder. Their conviction was later upheld by the Bombay High Court and the Supreme Court.
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