#in cases related to the 2002 Gujarat riots.

[freelawbydjure]

Bilkis Bano Case: Supreme Court to hear petitions against remission of 11 convicts on August 7

The Supreme Court fixed the hearing of petitions filed by Bilkis Bano and others related to the 2002 Gujarat riots on August 7, 2023. The petitions were against the remission granted to all 11 convicts for the crime of gang-raping Bilkis Bano and killing her family members. The matter will be heard by the bench headed by Justice BV Nagarathna. While hearing the matter today, Justice Nagarathna and Justice Ujjal Bhuyan pronounced, “The counsel for Bilkis Bano submitted that newspaper publication as directed by this court was effected on June 1, 2023, and an affidavit with that regard was filed on June 7. Similarly, in other cases, notices on the respondent are stated to be served either directly or by newspaper publication. This fact is not disputed by Solicitor-general for India Tushar Mehta appearing for both the Union of India and the State of Gujarat, as well as other counsel appearing for the private respondents. Therefore, the service on all respondents is held to be complete.”

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[dailynews9]

Bilkis case : SC asks Gujarat government to file remission records

Bilkis case : SC asks Gujarat government to file remission records

New Delhi : The Supreme Court on Friday asked the Gujarat government to file in two weeks all records pertain ing to the grant of remission of sentence to 11 convicts , who had served more than 15 years in the Bilkis Bano case related to the murders of 14 persons and gangraping of several women during the 2002 post – Godhra riots . A bench of Justices Ajay Rastogi and B V Nagarathna has asked…

[theechudar]

File Bilkis Bano case remission docus in 2 weeks, Gujarat told | India News

File Bilkis Bano case remission docus in 2 weeks, Gujarat told | India News

NEW DELHI: The SC Friday asked the Gujarat government to file in two weeks all records pertaining to the grant of remission of sentence to 11 convicts who had served more than 15 years in the Bilkis Bano case, related to the murders of 14 persons and gang rape of several women during the 2002 Gujarat riots. The SC asked the released convicts to file their responses to a PIL filed by…

[legalupanishad]

Bilkis Bano Case: All You Need To Know

This article on “Bilkis Bano Case: All You Need To Know” was written by an intern at Legal Upanishad.

Introduction:

On the day when India was celebrating 76 years of independence and remembering the hard-earned freedom. On the other side, 11 male convicts in the Bilkis Bano case of gang rape and the murder of seven people including of three-year-old child in the infamous and horrific riots in Gujarat in 2002 were released from jail due to the 1992 remission policy of the Gujarat government. Isn’t it ironic when our honorable Prime Minister talked about Women's Empowerment and the justice for a woman is put at stake? This article gives a brief about Bilkis Bano, the backdrop of the case, the laws relating to remission policy and the reaction towards the decision, and the developments made after the case the decision.

Who is Bilkis Bano?

Bilkis Bano is a gang-rape survivor, who was pregnant when she was brutally attacked and assaulted in communal violence in the infamous riots in Gujarat in 2002, in which she lost fourteen members of her family who were killed by the mob.

What was the backdrop of the Bilkis Bano case?

The backdrop of the Bilkis Bano case: - In February 2002, Bilkis Bano fled her village, Randhikpur in the Dahod district after the violence occurred in the State. The riots were an outcome of the incident that happened at the Godhara station in which the Sabarmati express train was put on fire leading to the deaths of pilgrims and the Karsevaks who arrived back from Ayodhya. -  Bilkis Bano was acquainted with her daughter Saleha and 15 other members of her family. - In March 2002 upon reaching a village called Chhapparward, they were attacked by a mob in which those 11 accused were also there. - She, her mother, and three other women were barbarously assaulted and raped. 14 members of her family were killed including her daughter. - After the alleged incident, she regained consciousness after being in oblivion for three hours, she borrowed the clothes from an Adivasi woman. - She filed a complaint against the perpetrators at the Limkheda police station. She was taken to the public hospital for a medical examination procedure. - Her case was taken to NHRC(National Human Rights Commission) and to the apex court of India which further directed for CBI inquiry.

What did the CBI find in its inquiry?

CBI held in its inquiry that her version of the complaint that she filed at the police station was deformed and the material facts were vanquished. The CBI investigators disinterred the dead bodies of the people killed, the heads of dead bodies were severed, and concluded that the procedure of postmortem was carried out miserably to protect the convicts.

How did the accused were convicted in the Bilkis Bano case?

Bilkis Bano's case was transferred from Gujarat to Mumbai due to a lot of pressure and due to the urge of having a free and fair trial. The accused were convicted by the Special Court in January 2008 and given a sentence of life imprisonment for the charges of raping a pregnant woman, unlawful assembly, and murder held under the sections of IPC. In 2019, the apex court SC directed the Gujarat government to give Rs. 50 lakhs as compensation. She refused to take the 5 lakhs as compensation and sought exemplary compensation.

How did the rape convicts manage to be set free from jail?

This happened because of the remission policy of the Gujarat government. The convict named Radheshyam Shah approached the highest court of appeal SC to consider the application for his release after serving 15 years of his life imprisonment sentence. The court told the Gujarat government to consider his application for early release. The government set up the panel and approved his application as per the old remission policy of 1992 which consists of no restrictions on the remission of a convicted person. Thus, all the convicts were released from jail based on the fact that they have completed 14 years of imprisonment and by analyzing the age, nature of the act, and behavior in the prison. The government used the old remission policy because the decision of conviction was taken in 2008 by the Special Court and back then, the old remission policy for the prisoners was prevalent.

What are the laws of remission in India?

Articles 72 and 161 under the Indian Constitution describe the laws for remission that gives power to the President and the Governors to pardon, suspend, remit, or reduce the sentence of a convicted person. While section 432 of the code of criminal procedure empowers the state government to set aside or reduce a sentence of a prisoner. But Section 433A of Crpc puts certain restrictions on the remission of convicted persons where the sentence of life of imprisonment or death penalty is imposed or where the death sentence is commuted to life imprisonment, they are not set free unless they completed 14 years of imprisonment. Prisoners are frequently released from jail on days of important events. Prisoners like women, transgenders above the age of 50 years, men above the age of 60 years, and convicts suffering from a terminal illness are usually released.   

Bilkis Bano Case: All You Need To Know

The question raised on the early release of the rape convicts in the Bilkis Bano case?

- The legality of the old remission policy of 1992 used by the Gujarat government for releasing convicts was questioned as it is not effective and has no restrictions on the remission of convicts like the remission policy enacted in 2014 which has restrictions on the remission of the prisoners who are convicted for the crime investigated by an agency under the Delhi Establishment Law and the prisoners convicted for murder, rape and gang-rape. The loophole was made in the law. - The question of the Gujarat government consulting the central government before deciding upon the remission of convicts was raised because of CBI's involvement in the Bilkis Bano case, according to section 235(1)(a) of CrPC and section 435 of Crpc.

What is the reaction to the decision?

This decision of early release of rape convicts is not welcomed by the masses in our country. People have shown their rage towards the remission granted to the rapists obstructing the way of justice for Bilkis Bano and setting up the wrong precedent in society.

What is the recent development made in the Bilkis Bano case?

Due to the outrage among the people, various petitions and PILs have been filed against the order of the remission of the rape convicts at the highest court of appeal.  The Supreme court heard a plea against the early release of the Rape convicts and issued notices to the Centre and the Gujarat government against the remission of the convicts.

Conclusion:

Rape is one such heinous crime that not only harms the victim’s body but destroys the soul of her body. One incident traumatizes the life of the victim. There is a hike in rape cases every day. The decision like remission granted to such rapists not only sets a bad example in society but hampers the right of justice to the victim. The victims already need to fight a long legal battle to access justice. There should be the stringent implementation of restrictions on the remission of the convicts held liable under the serious nature of crimes.  Proper consultation with the central government by the state government before deciding upon the remission matters. Strict punishments should be given to the people involved in the heinous crimes to ensure security and justice for the victims.

References:

- The facts and the backdrop of the case: The Hindu Explained: how did the Bilkis Bano’s convicts walk free? retrieved: https://www.thehindu.com/news/national/explained-how-did-the-bilkis-bano-convicts-walk-free/article65818293.ece - The study IQ ( video file) the Bilkis Bano gangrape case https://www.youtube.com/watch?v=6mb5mNwjdvo - The laws of remission and the question raised: The Deshbhakt (video file) Bilkis Bano case - The recent development in the case: The Economic times retrieved: https://economictimes.indiatimes.com/ - The news18 Bilkis Bano case: recap of the case that shook India retrieved: www.news18.com Read the full article

[darshanpolicetime1]

Activist Teesta Setalvad walks out of jail

Activist Teesta Setalvad walks out of jail

Activist Teesta Setalvad walked out of a prison here on Saturday, a day after the Supreme Court granted her interim bail in a case of allegedly fabricating evidence related to the 2002 Gujarat riots. She had been lodged in the Sabarmati Central Jail here since her arrest on June 26. As per the SC order, she was produced before sessions judge V A Rana for bail formalities. “The sessions court…

[squarwell-breakingnews]

Activist Teesta Setalvad walks out of jail | India News - Times of India

Activist Teesta Setalvad walks out of jail | India News – Times of India

AHMEDABAD: Activist Teesta Setalvad walked out of a prison here on Saturday, a day after the Supreme Court granted her interim bail in a case of allegedly fabricating evidence related to the 2002 Gujarat riots. She had been lodged in the Sabarmati Central Jail here since her arrest on June 26. As per the SC order, she was produced before sessions judge V A Rana for bail formalities. “The sessions…

[harpianews]

Gujarat riots case: Activist Teesta Setalvad out of jail

Gujarat riots case: Activist Teesta Setalvad out of jail

Activist Teesta Setalvad walked out of a jail here on Saturday, a day after the Supreme Court granted her interim bail for allegedly fabricated evidence related to the 2002 Gujarat riots. She was lodged in the Sabarmati Central Jail here since her arrest on June 26. As per the order of the Supreme Court, he was produced before Sessions Judge VA Rana for bail formalities. “The sessions court…

[todaynewsguru]

Gujarat riots case: SC grants interim bail to activist Teesta Setalvad

Gujarat riots case: SC grants interim bail to activist Teesta Setalvad

The Supreme Court on Friday granted interim bail to activist Teesta Setalvad in a case related to 2002 Gujarat riots. The apex court said it considered the matter only from the standpoint of interim bail while the Gujarat High Court would decide her bail plea independently and uninfluenced by any observations made by the supreme court. Granting the bail, the apex court also said Setalvad would…

[thenetionalnews]

3 days later, Cong says SC's Zakia verdict 'disappointing', party stands by family

3 days later, Cong says SC’s Zakia verdict ‘disappointing’, party stands by family

three days after Supreme Court dismissed of a larger conspiracy leveled by Zakia Jafriwidow of Congress leader and former MP Ahsan Jafri who was killed in 2002 Gujarat riots, against then Gujarat CM Narendra Modi and others in cases related to the 2002 riots, the Congress on Monday said the judgment was “disappointing”, and that the party stands by the Jafri family. The Congress had reacted…

[alwaysfirst]

Metropolitan court grants remand of activist Teesta Setalvad, former Gujarat DGP Sreekumar to crime branch till July 2

Jun 27, 2022 16:12 IST Ahmedabad (Gujarat) , June 27 (AF): A metropolitan court granted remand of social activist Teesta Setalvad and former Gujarat DGP RB Sreekumar to the Ahmedabad crime branch for questioning till July 2. Seetalvad and Sreekumar were granted remand in a case registered against them on charges of forgery and criminal conspiracy, among others. Earlier on Sunday, the Gujarat government decided to form a Special Investigation Team (SIT) headed by the state's Anti-Terrorism Squad DIG Deepan Bhadran to investigate the role of Setalvad, Sreekumar and former IPS officer Sanjiv Bhatt in connection with the 2002 Gujarat riots. An FIR was lodged against Setalvad, Sreekumar and former IPS officer Sanjiv Bhatt for giving false testimonies in connection with the 2002 Gujarat riots, a top police official said. The six-member SIT will include DCP (Crime) Chaitanya Mandlik, ATS SP Sunil Joshi, Deputy SP (Special Operations Group) BC Solanki, who will be the investigating officer, and a woman police inspector, among others, the official said on conditions of anonymity. The Gujarat Police Crime Branch on Sunday arrested Teesta Setalvad in connection with a case against her NGO which gave baseless information about the 2002 Gujarat riots to the police. The action came after Union Minister Amit Shah in an interview with ANI said that Teesta Setalvad-run NGO gave baseless information about the 2002 Gujarat riots to the police. On Saturday, Gujarat Anti-Terrorism Squad (ATS) team detained Setalvad from Mumbai in connection with a case on her NGO and later in the night she was taken to Ahmedabad. The Gujarat ATS team took Teesta Setalvad to the Santacruz police station. The Supreme Court had on Friday, dismissed as "devoid of merit" an appeal by Zakia Jafri in a plea challenging SIT's clean chit to the then chief minister of Gujarat, Narendra Modi and others in cases related to the riots. Zakia Jafri is the widow of former Congress MP Ehsan Jafri who was killed in the riots. (AF) Read the full article

[thegulfindians]

‘Narendra Modi suffered for 19 years,’ says Amit Shah after SC ruling on Gujarat riots

‘Narendra Modi suffered for 19 years,’ says Amit Shah after SC ruling on Gujarat riots

Amit Shah said he had seen PM Modi suffer through the “19-year-long battle against the case”. “Only a strong-willed person could’ve taken stand to not say anything as case was sub-judice,” New Delhi: A day after the Supreme Court dismissed an appeal filed by Zakia Jafri challenging the SIT’s clean chit to Narendra Modi and others in cases related to the 2002 Gujarat riots, Union Home Minister…

[hariharan5901]

'Truth has come out shining like gold': Amit Shah on SC upholding SIT clean chit to Modi | India News

‘Truth has come out shining like gold’: Amit Shah on SC upholding SIT clean chit to Modi | India News

NEW DELHI: After the Supreme Court rejected the appeal questioning the SIT’s clean chit to then-Gujarat chief minister Narendra Modi and many other individuals in the case related to the 2002 riots, home minister Amit Shah lauded the verdict. He said that the truth had come out, “shining like gold.” He also said Narendra Modi had endured pain for the last 19 years without speaking a word and…

[dailynews9]

Teesta Setalvad walks out of jail

Teesta Setalvad walks out of jail

Ahmedabad : Activist Teesta Setalvad walked out of a prison on Saturday , a day after the Su preme Court granted her inter im bail in a case of allegedly fabricating evidence related to the 2002 Gujarat riots . She had been lodged in the Sabarmati Central Jail since her arrest on June 26. As per the SC order , she was produced before sessions judge V A Rana for bail formalities . ” The ses sions…

[theechudar]

Activist Teesta Setalvad walks out of jail | India News

Activist Teesta Setalvad walks out of jail | India News

AHMEDABAD: Activist Teesta Setalvad walked out of a prison here on Saturday, a day after the Supreme Court granted her interim bail in a case of allegedly fabricating evidence related to the 2002 Gujarat riots. She had been lodged in the Sabarmati Central Jail here since her arrest on June 26. As per the SC order, she was produced before sessions judge V A Rana for bail formalities. “The sessions…

[squarwell-breakingnews]

Release of convicts has shaken my faith in justice: Bilkis Bano | India News - Times of India

Release of convicts has shaken my faith in justice: Bilkis Bano | India News – Times of India

AHMEDABAD: Bilkis Bano, a survivor of the 2002 post-Godhra riots in Gujarat, on Wednesday said the premature release of all the 11 convicts serving a life sentence in a case related to her and seven family members, has shaken faith in justice and left her numb. On August 15, all the 11 convicts sentenced to life imprisonment in the 2002 case of Bilkis Bano’s gang rape and murder of her seven…

[harpianews]

Supreme Court to hear Teesta Setalvad's bail plea on August 22

Supreme Court to hear Teesta Setalvad’s bail plea on August 22

Mumbai-based activist Teesta Setalvad, arrested for conspiracy and fabrication of evidence related to the 2002 Gujarat riots, has approached the Supreme Court seeking bail in the case. Advocate Aparna Bhat mentioned Setalvad’s plea before a bench headed by Chief Justice of India NV Ramana, who agreed to list it before a bench headed by Justice UU Lalit on August 22. Setalvad said his appeal is…