'Justice Has Prevailed... She Was in Tears': Bilkis Bano's Lawyer on SC Verdict

The SC quashed the remission and early release granted to 11 convicts in the Bilkis Bano case.

On 15 August 2022, the Gujarat government granted remission and released eleven men, sentenced to life for the gang rape of then 21-year-old Bano, and the murder of seven of her family members during the 2002 Gujarat riots.

(Photo: The Quint)

"Bilkis was elated after the verdict. She began to cry. These were tears of joy. It's been a long fight with all the turmoil she faced, but it has given us immense satisfaction."

This is what Shobha Gupta, Bilkis Bano's counsel, told The Quint shortly after the Supreme Court on Monday, 8 January, quashed the 2022 remission and premature release granted to the 11 convicts in the gang-rape case of Bano during the 2002 Gujarat riots.

"This is a big victory for each and every one of us. Justice has prevailed. We are all relieved that the court upheld our petition challenging the Gujarat government's jurisdiction in the matter of granting remission. Our faith in the judiciary has been reaffirmed," Gupta, who represented Bano in the SC, said over a phone call.

Directing the 11 convicts to report to jail authorities within two weeks, a apex court bench, led by Justices BV Nagarathna and Ujjal Bhuyan, noted that the Gujarat government was "not competent" to pass the remission order.

Meanwhile, Bilkis Bano's husband Yakub Rasul said, "We are happy with the SC verdict today. We have finally gotten justice after many years. We have always had faith in the court and they have kept our trust intact."

'This Was Not A One-Person Fight Alone': Bilkis To Lawyer

Soon after the verdict, Gupta said she video-called Bilkis Bano, who was "elated to hear the news."

"This is not a fight of one person alone. This is a victory of hundreds of women and the society as a whole," Bilkis told Gupta.

Speaking to The Quint, Gupta said that the verdict was long overdue. The SC lawyer added that despite the hurdles, Bilkis always had "immense faith in the judiciary. That's why she decided to file the petition."

The verdict, she said, has given women a sense of satisfaction and faith in the judiciary.

"Women will now know that that we live in a society where if something like this happens, there will be justice. That there will be courts to correct it."

In an interview with The Quint on 21 August 2022, six days after the convicts were released, Bilkis Bano's husband Yakub Rasool said that she was under shock.

"Bilkis toh itni maayus hai ki usne abhi tak kisi se baat nahi ki hai. Uska dil dukha hai aur uske mann mein darr baith gaya hai. (Bilkis is so disappointed that she hasn’t yet spoken to anyone. She is hurt and scared.)" he said.

"We have faith in the highest court of this country. They've done justice before, they'd do justice again," said the 45-year-old had said.

'Convicts Should Not Be Given Remission Right'

The apex bench held that the SC order of 13 May 2022, which directed the Gujarat government to decide the remission as per the 1992 policy, was obtained by "fraud and suppression of facts."

The government to pass the remission orders would be the Maharashtra government (where the trial of the case took place), the bench led by Justice Nagarathna said.

"The court called the 13 May judgment as per incuriam (through lack of care) because Section 432 of the CrPc clearly states which government should take the call in such cases. The Gujarat government also did not file any review petition order. The court noted that this was a classic case where the SC order had been used for violating the rule of law for passing remission orders,"

Shobha Gupta to The Quint

"I have been clear from the beginning that this is one such case where convicts cannot be given remission simply because of the nature of the crime. There can be no right to be reformed in such a case," the lawyer said.

With the SC verdict, Gupta believed the court set clear guidelines to be followed for this case.

"The courts have to balance the right of a convict pleading for mercy against the right of a society to feel free from all these kinds of criminals. There are many Bilkis in India. If criminals like them roam freely, will we ever feel safe?" Gupta said.

When asked if Bilkis' fight for justice is finally over, Gupta told The Quint, "I hope it is. I hope she need not take up the battle again and again. I hope this is the end of her fight."