Two petitions – including one by TMC leader Mahua Moitra – were filed in the Supreme Court on Tuesday, 23 August, challenging the remission order by the Gujarat government which released the convicts in the Bilkis Bano case, Live Law reported.
Moitra filed a public interest litigation (PIL) through advocate Shadan Farasat; CPI(M) leader Subhasini Ali, independent journalist and film-maker Revati Laul, and former philosophy professor and activist Roop Rekh Varma, collectively filed another petition.
Both petitions moved the apex court against the Gujarat government's highly controversial 15 August move to release the 11 convicts who had gang-raped Bano and murdered 14 of her family members, including her three-year-old daughter, during the 2002 Gujarat riots.
The plea by Ali and others was mentioned before a bench, comprising Chief Justice of India (CJI) NV Ramana, Justices Hima Kohli and CT Ravikumar, by senior advocate Kapil Sibal and advocate Aparna Bhat with a request to urgently hear the case on 24 August.
Although CJI Ramana agreed to look into the matter, no order regarding the hearing has been passed yet.
A sessions court in Mumbai had convicted the 11 accused of the crime in 2008 and sentenced them to life imprisonment. The Supreme Court had later upheld the conviction.
'Gujarat Govt Had No Power To Grant Remission': Moitra
Moitra, in her PIL, argued that since the case was investigated by the CBI, the Gujarat government had no power to grant remission/premature release under Section 432 of the Code of Criminal Procedure (CrPC) without the concurrence of the central government.
Meanwhile, the central government is yet to disclose whether it granted permission for the release.
"The release completely fails to bolster either social or human justice and does not constitute a valid exercise of the guided discretionary power of the State under Sections 432-435 CrPC," her petition further stated.
'Release Sets a Bad Precedent': Judge Who Sentenced the Convicts
Retired Justice UD Salvi, who had sentenced the 11 men to life imprisonment in 2008, said on 18 August that the remission sets a "very bad precedent."
"A very bad precedent has been set. This is wrong, I would say. Now, convicts in other gang rape cases would seek similar reliefs," he was quoted as saying by Bar and Bench.
“The judgment was delivered a long time ago. Now it is in the hands of the government. The state has to make a decision. Whether it is correct or not is for the court concerned or a superior court to see,” Justice Salvi said.
He also remarked that it was ironic that the Gujarat government issued such an order at a time when Prime Minister Narendra Modi was urging Indians to respect women more.
'Faith in India's Justice System Shaken': Bilkis Bano
In her first statement after the release, Bilkis Bano on 17 August said, "I was bereft of words. I am still numb. Today, I can say only this – how can justice for any woman end like this?"
Bano further said, "Two days ago, on August 15 2022, the trauma of the past 20 years washed over me again. When I heard that the 11 convicted men who devastated my family and my life, and took from me my 3-year-old daughter, had walked free."
Stating that the move has taken away her faith in India's justice system, she said, "I trusted the highest courts in our land. I trusted the system, and I was learning slowly to live with my trauma. The release of these convicts has taken from me my peace, and shaken my faith in justice."
Bano also said, "My sorrow and my wavering faith is not for myself alone but for every woman who is struggling for justice in courts."
"No one enquired about my safety and well-being before taking such a big and unjust decision. I appeal to the Gujarat government, please undo this harm. Give me back my right to live without fear, and in peace. Please ensure that my family and I are kept safe," she added.
(With inputs from Live Law.)
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