Bilkis Bano case: Supreme Court asks convicts to surrender and return to jail in 2 weeks

The Supreme Court has nullified a Gujarat government's order of early release of 11 individuals convicted for the rape of Bilkis Bano and the murder of seven of her family members during the 2002 post-Godhra riots in Gujarat.

The court stated that the Gujarat government did not have the authority to issue such an order and labeled it a 'fraud act'.

The verdict was delivered by Justices BV Nagarthana and Ujjwal Bhuyan, who upheld a petition by Bilkis Bano contesting the premature release of the 11 convicts. They have been ordered to surrender within two weeks.

The Supreme Court criticised one of the convicts for concealing crucial facts, which led to the court's order to release all 11 convicts in May 2022. The bench clarified that the Gujarat government was not authorised to order the early release of the convicts.

The authority to issue such orders lies with the Maharashtra government, where the trial was conducted, not with Gujarat. The ruling stated, the government of the state (Maharashtra) where the offender was sentenced is the appropriate government to grant remission, not the government of the state (Gujarat) where the offence took place.

The Supreme Court reserved its judgment on October 12 last year after an extensive 11-day hearing. Both the Central and Gujarat governments presented original records pertaining to the early release of certain convicts.

These prematurely released convicts, namely Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana, were freed on August 15, 2022.

They had served 15 years in prison, and their release was considered based on their age and behaviour during imprisonment. Bilkis Bano, who was 21 years old and five months pregnant at the time, was gang-raped while escaping the riots following the Godhra train burning incident in Gujarat on March 3, 2002.

Seven of her family members, including her three-year-old daughter, were killed in the riots.

Also read: Assam: Second accident in 24 hours in Dergaon as truck carrying LPG cylinders overturn