On Monday, a two-judge Supreme Court panel overturned the Gujarat government’s August 2022 decision to pardon 11 of the guilty in the Bilkis Bano gang rape case. The Supreme Court anticipated to rule in the Bilkis Bano case on petitions contesting the remission granted to the convicts.

A case was brought against the 11 accused found guilty of gang raping Bilkis Bano and killing seven of her family members during the 2002 Gujarat riots, which started the Godhra train fire incident.

A panel of Justices B V Nagarathna and Ujjal Bhuyan had earlier on October 12 reserved their decision regarding the petitions that Bilkis Bano had filed. On the other hand, the Supreme Court reserved its decision and ordered the Center and the Gujarati government to provide the original documents pertaining to the sentence reduction by October 16.

The Petition by Bilkis Banu

In the case, Bilkis Bano questioned the remission that the Gujarati government had granted the prisoners; the top court noted that state governments were not to be selective in their remission decisions.

Many PILs, including those filed by TMC leader Mahua Moitra, CPI(M) politician Subhashini Ali, independent journalist Revati Laul, and former vice-chancellor of Lucknow University Roop Rekha Verma, contested the relief granted to prisoners.

As Bilkis Bano, the victim of gangrape, fled communal disturbances, she was five months pregnant and twenty-one years old at the time of the crime. On August 15, 2022, all 11 convicts who had been convicted of killing Bilkis Bano’s daughter and six other family members were freed after the Gujarati government had awarded them remission.

The top court had questioned in September whether or not prisoners have a basic right to request remission and whether or not they should be given the chance to turn their lives around and reintegrate into society.

The acquittal of the prisoners caused widespread outrage. Their pardon and release from custody occurred on the eve of India’s 75th anniversary of independence and only hours after Prime Minister Narendra Modi’s speech to the people from Delhi’s famed Red Fort.

Opposition welcomes the verdict on Bilkis Bano’s Case

Moments after the verdict to cancel the release of the Bilkis Bano rape convicts came, Congress Leader Priyanka Gandhi Vadra posted a statement on social media handle. “In the end, justice has won out. The accused #BilkisBano, who was gang-raped during the Gujarat riots, has had his parole from custody revoked by the Supreme Court.

The Bharatiya Janata Party’s anti-women policies are now exposed thanks to this order. The public’s trust in the legal system will grow even more after this order. Kudos to Bilkis Bano for her valiantly ongoing fight.”

Congress Spokesperson Pawan Khera also said, “”The Supreme Court judgement quashing the release of 11 rapists of #BilkisBano by Gujarat Govt exposes the BJP’s callous disregard for Women!

It is a slap on the face of those who facilitated the illegal release of these criminals and also those who garlanded the convicts and fed sweets to them, by bulldozing justice.

India will not allow administration of justice to be incumbent on the religion or the caste of the victim or the perpetrator of a crime”.

“The Gujarat government’s decision to revoke the release of 11 #BilkisBano rapists was overturned by the Supreme Court, exposing the BJP’s blatant disrespect for women!

By stifling justice, it is a smack in the face to those who helped these criminals escape justice as well as those who gave the prisoners candy and other treats.

According to Pawan Khera, “India will not permit the victim or the offender’s caste or religion to influence the administration of justice.”

The Supreme Court declared that Gujarat “usurped power of the Maharashtra government by not filing the review petition against the May 2022 judgment and impressing on this court that Maharashtra was the appropriate government.”