The 11 convicts in the Bilkis Bano case will have to return to jail in two weeks
Eleven convicts in the Bilkis Bano gang-rape case who have been roaming free since their remission in 2022 will have to return to jail within two weeks, the Supreme Court said today.
The Supreme Court cancelled the Gujarat government's remission given to the 11 rape convicts, and held that the Gujarat government was not competent to decide the remission.
The Supreme Court order came after it heard Ms Bano's request to cancel the remission given to the 11 convicts. The court said her request was "maintainable" and can challenge the remission.
"The rule of law must be preserved unmindful of the ripples of the consequences," the Supreme Court said.
The Supreme Court said its own judgment in May 2022 delivered by Justice Ajay Rastogi (retired), which allowed the convicts to appeal for their early remission before the Gujarat government, was based on facts and material obtained through fraudulent means by those who filed for remission.
The Bilkis Bano case was moved to Maharashtra to ensure free and fair proceedings, so only the Maharashtra government and not the Gujarat government is competent to grant remission, the Supreme Court said.
Ms Bano was 21 years old and five-month pregnant when she was raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident. Her three-year-old daughter was among the seven family members killed in the riots.
Several other petitions including one by CPI(M) leader Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma have challenged the remission. Trinamool Congress leader Mahua Moitra had also filed a petition against the convicts' premature release. The Supreme Court didn't hear these petitions today.